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Harare High Court
Lameck Mubaiwa and Progress Mining Syndicate v The Mining Commissioner and The Minister of Mines and Mining Development and Garatia Njanji and Estate Late Kennias Njanji
HH 476-13
Case Details
Court
Harare High Court
Date
27 November 2013
Citation
HH 476-13
Neutral Citation
[2013] ZWHH 476
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Mining LawAdministrative LawNatural Justice
Keywords
mining commissionermining claimsgold oreApollo 5functus officio
Tags
mining disputesadministrative reviewmining claimsnatural justice
legislation
Statutes Cited
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether interim relief should be granted to prevent mining activities pending review","issue_type":"procedural","dispositive":"yes","related_facts":"Njanji family forcibly took over mining operations after Acting Mining Commissioner's letter"}
- {"issue_text":"Whether Mining Commissioner has power to declare Minister's decision null and void","issue_type":"law","dispositive":"no","related_facts":"Acting Mining Commissioner purported to nullify Minister's decision"}
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background
Facts of the Case
Background
The applicants sought urgent interim relief to prevent the 3rd and 4th respondents from mining on their registered claim Apollo 5 and removing gold ore, following conflicting decisions by the Mining Commissioner regarding mining rights on the disputed land.
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