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Bulawayo High Court
Charles Moyo v Secretary for Mines & Mining Development N.O. and Others
HB 34/21
Case Details
Court
Bulawayo High Court
Date
11 March 2021
Citation
HB 34/21
Neutral Citation
[2021] ZWHB 34
Outcome
unknown
Case Type
Review
Bench
Presiding
Mabhikwa J
Areas of Law
Administrative lawMining law
Keywords
mining claimsGPS surveyencroachmentMines and Minerals Actreview
Tags
mining disputeadministrative reviewGPS survey
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the 2nd respondent erred in using GPS survey system to resolve mining dispute instead of provisions of Mines and Minerals Act","issue_type":"law","dispositive":"yes","related_facts":"GPS survey conducted; no physical encroachment by applicant"}
- {"issue_text":"Whether the decision ordering Shebeen King Mine to revert to docket position was grossly irregular","issue_type":"law","dispositive":"yes","related_facts":"Applicant held valid registration for 25 years; no allegation of improper pegging"}
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background
Facts of the Case
Background
The applicant sought review of the 2nd respondent's decision to use GPS survey to resolve a mining dispute between the applicant and 3rd respondent regarding Shebeen King Mine registration 6734. The 2nd respondent had ordered the mine to revert to its docket position as at registration, finding that its ground position encroached on Confidence NW Mine registration 30846.
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