Water permitsGroundwater extractionStatutory instrument validityLevy charges
Tags
Water lawStatutory instrumentsAdministrative law
legislation
Statutes Cited
Water Act
Water Act
Constitution of Zimbabwe
Constitution of Zimbabwe
Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the applicant exhausted domestic remedies before approaching this court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not appeal to Administrative Court under s 114(1) of Water Act"}
{"issue_text":"Whether S.I 52/2015 is ultra vires the Water Act","issue_type":"law","dispositive":"no","related_facts":"Allegation that no consultation with stakeholders occurred"}
{"issue_text":"Whether the $3.00 levy violates constitutional rights under s 77","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant claims levy affects right to water"}
{"issue_text":"Whether the applicant has locus standi to challenge on behalf of public","issue_type":"procedural","dispositive":"no","related_facts":"Applicant not member of Borrowdale Rate Payers Association"}
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background
Facts of the Case
Background
The applicant, a bulk water extractor, challenged the validity of Statutory Instrument 52/2015 which imposed a $3.00 levy per 1000 cubic metres of groundwater extracted. He sought declarations that the regulations were ultra vires the Water Act and violated constitutional rights, and that his permit refusal was unlawful.
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