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Bulawayo High Court
Richard Moyo-Majwabu (as Executor Dative in the Estate of Christine Sibanda DRB 1623/19) and Richard Moyo-Majwabu for and on behalf of Estate Late June Sibanda and Khalayi Njini a.k.a. Kalayi Sikhaphakapha Njini (as Executor in the Estate of Rachel Moyo DRB 1101/23) v Huading New Energy Technology (Pvt) Ltd and Discovery Mining (Pvt) Ltd and Mr Mawhenda and The Mining Commissioner and The Minister of Mines and Mineral Resources and The Secretary of Mines and Mineral Resources and Assistant Master of the High Court
HB 218/23
Case Details
Court
Bulawayo High Court
Date
26 October 2023
Citation
HB 218/23
Neutral Citation
[2023] ZWHB 218
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Kabasa J
Full Bench
Kabasa J
Areas of Law
Mining LawEnvironmental LawEstate AdministrationProcedural Law
Keywords
mining certificateenvironmental impact assessmentlocus standiurgencyexecutorestate
Tags
Environmental Impact AssessmentMining RightsEstate AdministrationLocus Standi
legislation
Statutes Cited
- Mines and Minerals Act
- Environmental Management Act
- Administration of Estates Act
- Administration of Estates Act
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Is the matter urgent given that mining discussions began in May 2023?","issue_type":"procedural","dispositive":"no","related_facts":"Mining discussions May 2023, activities discovered September 2023, application filed September 2023"}
- {"issue_text":"Do applicants have locus standi to litigate regarding property in estates of June Sibanda and Jobe Moyo when they are executors only of the deceased wives' estates?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants executors of Christine and Rachel estates, no executors for June and Jobe estates"}
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background
Facts of the Case
Background
The applicants, acting as executors in estates of deceased wives of original farm owners, sought to interdict mining operations at Roodeheuval Farm on grounds that mining certificates were obtained without Environmental Impact Assessment and without consultation with farm owners. The first to third respondents opposed the application on preliminary points.
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