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Harare High Court
Muyaradzi Mutsaai and 19 Others v City of Harare and 5 Others
HH 835-17
Case Details
Court
Harare High Court
Date
14 December 2017
Citation
HH 835-17
Neutral Citation
[2017] ZWHH 835
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Environmental lawAdministrative lawConstitutional law
Keywords
Wetland developmentEnvironmental impact assessmentAdministrative justiceRight to clean environmentInterdict
Tags
Environmental lawAdministrative justiceWetlands protectionUrban planning
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Administrative Justice Act
- Environmental Management Act
- Environmental Management Act
- Zimbabwe National Water Authority Act
- Water Act
- Regional, Town and Country Planning Act
- Regional, Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have established requirements for interim interdict","issue_type":"procedural","dispositive":"yes","related_facts":"Construction ongoing, potential environmental harm, lack of alternative remedy"}
- {"issue_text":"Whether applicants have prima facie right to administrative justice","issue_type":"constitutional","dispositive":"no","related_facts":"No consultation before project commencement, requests for information ignored"}
- {"issue_text":"Whether project violates environmental rights under Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Project on/near wetland, acknowledged negative environmental impacts"}
- {"issue_text":"Whether fourth and sixth respondents were properly joined","issue_type":"procedural","dispositive":"no","related_facts":"Statutory obligations to protect environment and regulate development"}
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background
Facts of the Case
Background
Residents of Hillside and Eastlea suburbs approached the court seeking an interdict to stop construction of a bus terminus and market at Coronation Park (Rhodesville Holding Bay) by City of Harare. The applicants claimed they were not consulted, the project is on a wetland, and it would cause environmental harm including pollution, traffic congestion, crime, and health hazards.
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