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Supreme Court
NEW LIFE COVENANT CHURCH v TRUSTEES OF THE HARARE WETLANDS TRUST & 2 ORS
[2022] ZWSC 74
Case Details
Court
Supreme Court
Date
20 October 2021
Citation
[2022] ZWSC 74
Judgment No.
SC 74/22
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHATUKUTA JA
Full Bench
MAVANGIRA JACHATUKUTA JAMWAYERA JA
Areas of Law
Administrative lawEnvironmental lawTown and country planning
Keywords
Wetland developmentEnvironmental impact assessmentDevelopment permitPublic participationLocus standi
Tags
Environmental lawTown planningWetland protectionDevelopment permits
legislation
Statutes Cited
- Regional, Town and Country Planning Act
- Regional, Town and Country Planning Act
- Interpretation Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether appellant had valid development permit","issue_type":"mixed","dispositive":"yes","related_facts":"No proper application made, no public notice, deemed refused"}
- {"issue_text":"Whether first respondent had locus standi to challenge permit","issue_type":"procedural","dispositive":"no","related_facts":"First respondent's mandate, prior High Court determination"}
- {"issue_text":"Whether development permit contradicted environmental certificate","issue_type":"law","dispositive":"no","related_facts":"Different hectarage allowances, conditions not incorporated"}
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background
Facts of the Case
Background
The appellant church intended to develop a church, school and conference centre on Stand 18692 Boundary Road, Harare, relying on a development permit issued by the City of Harare. The first respondent, a trust advocating for wetland protection, successfully challenged the permit in the Administrative Court, arguing procedural violations and environmental concerns.
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