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Harare High Court
Mfaro Moyo v The Minister of Energy and Power Development and Attorney General of Zimbabwe
HH 542-17
Case Details
Court
Harare High Court
Date
23 August 2017
Citation
HH 542-17
Neutral Citation
[2017] ZWHH 542
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Constitutional LawAdministrative Law
Keywords
ethanol blendingpetroleum regulationsconstitutional invalidityproperty rightsstatutory instrument
Tags
constitutional challengestatutory instrumentpetroleum regulationsproperty rights
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment Act (No. 20), 2013
- Constitution of Zimbabwe Amendment Act (No. 20), 2013
- Constitution of Zimbabwe Amendment Act (No. 20), 2013
- Constitution of Zimbabwe Amendment Act (No. 20), 2013
- Petroleum Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether SI 147A of 2013 violates the applicant's constitutional right to property under section 71(2) and 71(3) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant cannot access suitable fuel for his vehicle; vehicle allegedly damaged by ethanol-blended fuel"}
- {"issue_text":"Whether the applicant has established that his right to property was infringed","issue_type":"mixed","dispositive":"yes","related_facts":"Lack of expert evidence; authenticity of manufacturer notice disputed; no tests linking damage to ethanol"}
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background
Facts of the Case
Background
The applicant challenged the constitutional validity of SI 147A of 2013 which mandates blending of unleaded petrol with 20% ethanol, claiming it violated his right to property as his Mitsubishi Pajero GDI vehicle cannot use ethanol-blended fuel and this effectively deprived him of use of his property.
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