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Constitutional Court

Minister of Mines & Mining Development (2) The Provincial Mining Director for Midlands Province v Fidelity Printers & Refiners (Private) Limited (2) Jonah Nhevera

[2022] ZWCCZ 9

Case Details

Court
Constitutional Court
Date
29 July 2022
Citation
[2022] ZWCCZ 9
Judgment No.
CCZ 9/22
Outcome
unknown
Case Type
Condonation and Leave to Appeal

Bench

Presiding
GOWORA JCC
Full Bench
GOWORA JCC
Areas of Law
Constitutional LawMining LawAdministrative Law
Keywords
condonationlate filingconstitutional court rulesmining claim forfeiturespecial grant
Tags
constitutional applicationcondonationleave to appealmining rightsforfeiture
legislation
Statutes Cited
  • Mines and Minerals Act
  • Administrative Justice Act
  • Constitutional Court Rules, 2016
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application for condonation and leave to appeal is properly before the Court when premised on Rule 5 instead of Rule 35","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed late; wrong rule cited; Supreme Court judgment not attached"}
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background
Facts of the Case

Background

The applicants, government mining authorities, sought condonation and leave to appeal against a Supreme Court decision that set aside the forfeiture of a mining claim (Mirage 3) and invalidated the subsequent special grant issued to the second respondent. The application was brought late and under the wrong Constitutional Court rule.
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