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Harare High Court

Mhanyami Fishing and Transport Co-operative Society Limited and Kubatana Nharira Fishing Co-operative Society Limited and Lazy River Fisheries (Pvt) Limited v The Director General Parks and Wildlife Management Authority N O and Parks and Wildlife Management Authority and The Attorney-General N.O.

HH 92-11

Case Details

Court
Harare High Court
Date
15 June 2011
Citation
HH 92-11
Neutral Citation
[2011] ZWHH 92
Outcome
unknown
Case Type
Application

Bench

Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Administrative LawEnvironmental Law
Keywords
fishing permitspermit renewaladministrative decisionnatural justicelegitimate expectationdomestic remedies
Tags
fishing permitsadministrative justicenatural justicelegitimate expectation
legislation
Statutes Cited
  • Administrative Justice Act
  • Administrative Justice Act
  • Parks and Wild Life Act
  • Parks and Wild Life Act
  • Parks and Wild Life Act
  • Co-operative Societies Act
  • Co-operative Societies Act
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the High Court can substitute an administrative decision with its own under the Administrative Justice Act","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants sought order directing issuance of permits"}
  • {"issue_text":"Whether applicants were required to exhaust domestic remedies before approaching the High Court","issue_type":"procedural","dispositive":"yes","related_facts":"Section 124 of Parks and Wildlife Act provides appeal to Minister"}
  • {"issue_text":"Whether deponents had authority to institute proceedings on behalf of artificial persons","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants are co-operatives and company"}
  • {"issue_text":"Whether respondents were properly cited","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents cited incorrectly in initial papers"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Three fishing co-operatives/companies that had operated for over 20 years had their annual fishing permits refused renewal by the Parks and Wildlife Management Authority. After receiving notice in 2006 that permits would not be renewed beyond December 2007, they obtained extensions until December 2009, after which permits were definitively refused. They approached the court under the Administrative Justice Act challenging the refusal.
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