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Supreme Court
Minister of Environment, Water and Climate Change v Hippo Valley Estates Limited & Anor
[2019] ZWSC 56
Case Details
Court
Supreme Court
Date
5 July 2019
Citation
[2019] ZWSC 56
Judgment No.
SC 56/19
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JA
Full Bench
MAKARAU JA
Areas of Law
Administrative lawWater lawConstitutional law
Keywords
Water tariffsZINWAUltra viresDiscriminationCondonation
Tags
Water tariffsStatutory regulationsCondonationExtension of time
legislation
Statutes Cited
- Zimbabwe National Water Authority Act
- Zimbabwe National Water Authority Act
- Constitution of Zimbabwe
- Water Act
- Supreme Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for late service of notice of appeal","issue_type":"procedural","dispositive":"no","related_facts":"Notice filed timeously but not served within prescribed period"}
- {"issue_text":"Whether the intended appeal enjoys prospects of success","issue_type":"mixed","dispositive":"yes","related_facts":"High Court found regulations ultra vires and discriminatory"}
- {"issue_text":"Whether the Minister had power to fix water charges under s 30 of the Act","issue_type":"law","dispositive":"yes","related_facts":"Regulations published by Minister, not ZINWA"}
- {"issue_text":"Whether the regulations violated s 56 of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Regulations applied only to commercial agricultural estates"}
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background
Facts of the Case
Background
The Minister sought condonation to appeal against a High Court decision that struck down water tariff regulations. The regulations had increased water tariffs for commercial agricultural estates from $9.45 to $12.00 per megalitre. The High Court found the regulations ultra vires the enabling Act and discriminatory under the Constitution.
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