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Harare High Court
Marlborough Environmental Action Group v The Harare City Council & 2 Ors
HH 803-17
Case Details
Court
Harare High Court
Date
29 November 2017
Citation
HH 803-17
Neutral Citation
[2017] ZWHH 803
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Administrative lawEnvironmental lawTown and country planning
Keywords
Development plan amendmentEnvironmental impact assessmentPublic consultationProcedural compliance
Tags
Environmental lawTown planningPublic participation
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted leave to introduce new evidence and condonation for non-compliance with court rules","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to include all evidence in founding affidavit"}
- {"issue_text":"Whether first respondent complied with statutory requirements for amending development plan","issue_type":"law","dispositive":"no","related_facts":"Failure to advertise under s 18, no notification to Minister, no environmental impact assessment"}
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background
Facts of the Case
Background
The applicant, an association of Marlborough residents, challenged the Harare City Council's approval of Amendment No. 1 to Marlborough Development Plan No. 45. The Council failed to properly advertise the amendment as required by law, did not notify the Minister, and conducted no environmental impact assessment.
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