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Constitutional Court
Thabani Mpofu v The Zimbabwe Energy Regulatory Authority & 2 Ors
[2020] ZWCCZ 13
Case Details
Court
Constitutional Court
Date
23 September 2020
Citation
[2020] ZWCCZ 13
Judgment No.
CCZ 13/20
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
HLATSHWAYO JCC
Full Bench
CHIDYAUSIKU CJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA JCC
Areas of Law
Constitutional LawAdministrative Law
Keywords
locus standifundamental rightsstatutory instrumentspetroleum regulationsdirect accesssection 85section 167
Tags
constitutional challengestatutory instrumentspetroleum regulationslocus standidirect access
legislation
Statutes Cited
- Constitution of Zimbabwe (No. 20) Act 2013
- Constitution of Zimbabwe (No. 20) Act 2013
- Constitution of Zimbabwe (No. 20) Act 2013
- Constitution of Zimbabwe (No. 20) Act 2013
- Constitution of Zimbabwe (No. 20) Act 2013
- Petroleum Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the applicant have locus standi under section 85(1) of the Constitution?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant claims to be acting in own interest, on behalf of others, and in public interest"}
- {"issue_text":"Are the Petroleum Regulations ultra vires the Constitution and the parent Act?","issue_type":"constitutional","dispositive":"no","related_facts":"Regulations were promulgated under section 57 of Petroleum Act"}
- {"issue_text":"Should direct access be granted under section 167(5) of the Constitution?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks direct access without exhausting other remedies"}
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background
Facts of the Case
Background
The applicant challenged petroleum regulations mandating blending of unleaded petrol with locally produced anhydrous ethanol, alleging violation of constitutional rights including freedom of choice and equal protection under the law. The regulations were promulgated by the Minister of Energy and Power Development in May 2013 under the Petroleum Act.
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