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Supreme Court
Retinue Stars Investments (Private) Limited v (1) Olympus Gold Zimbabwe Limited (2) Minister of Mines and Mining Development N.O (3) Provincial Mining Director Matebeleland North N.O (4) Environmental Management Agency (5) City of Bulawayo (6) Director of Engineering Services of the City of Bulawayo
SC 27/24
Case Details
Court
Supreme Court
Date
14 March 2024
Citation
SC 27/24
Neutral Citation
[2024] ZWSC 27
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MWAYERA JA
Full Bench
GUVAVA JAMAVANGIRA JAMWAYERA JA
Areas of Law
Administrative lawMining lawEnvironmental law
Keywords
Administrative Justice ActMines and Minerals ActJurisdiction450 metre buffer zoneDevelopment permit
Tags
Administrative lawMining disputesJurisdictionEnvironmental law
legislation
Statutes Cited
- Administrative Justice Act
- Administrative Justice Act
- Mines and Minerals Act
- Mines and Minerals Act
- Environment Management Act
- Regional Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in declining jurisdiction to hear the matter","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant approached High Court under s 4 of Administrative Justice Act; High Court held Administrative Court had exclusive jurisdiction under s 32 of Mines and Minerals Act"}
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background
Facts of the Case
Background
The appellant, a mining company, challenged various permits granted to the first respondent for residential development adjacent to its mine, arguing violation of the 450-metre buffer zone requirement under the Mines and Minerals Act. The High Court declined jurisdiction, holding that the dispute fell under the exclusive jurisdiction of the Administrative Court.
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