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Harare High Court

G & W Industrial Minerals (Pvt) Ltd v The Secretary for Mines and Mining Development & 2 Ors

HH 79/21

Case Details

Court
Harare High Court
Date
5 March 2021
Citation
HH 79/21
Neutral Citation
[2021] ZWHH 79
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Muremba J
Full Bench
Muremba JManzunzu J
Areas of Law
Administrative LawMining Law
Keywords
mining commissionerstatutory interpretationappeal jurisdictionMines and Minerals Act
Tags
mining disputeboundary disputeadministrative appeal
legislation
Statutes Cited
  • Mines and Minerals Act [Chapter 21:05]
  • Mines and Minerals Act [Chapter 21:05]
  • Mines and Minerals Act [Chapter 21:05]
  • Mines and Minerals Act [Chapter 21:05]
  • Mines and Minerals Act [Chapter 21:05]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether an appeal lies to the High Court under s 361 of the Mines and Minerals Act against a decision made by the Secretary for Mines in his supervisory capacity","issue_type":"procedural","dispositive":"yes","related_facts":"Secretary made decision as Secretary, not as mining commissioner; no court was convened"}
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background
Facts of the Case

Background

The appellant appealed against the Secretary for Mines' decision upholding an Acting Provincial Mining Director's ruling in a mining boundary dispute. The Secretary had determined that the appellant's mining block was wrongly placed within the second respondent's block. The appeal was brought under s 361 of the Mines and Minerals Act.
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