Zimbabwe National Water Authority v Hippo Valley Estates Limited & Anor

Key Issues

• {"issue_text":"Whether the court a quo was correct in dismissing the appellant's point in limine that the review application was not properly before the court due to the pending appeal to the Minister","issue_type":"procedural","dispositive":"yes","related_facts":"The respondents had noted an appeal to the Minister under s 49 of the ZINWA Act on 19 January 2016, which was still pending when they filed the review application on 2 February 2016"}
• {"issue_text":"Whether special circumstances existed to justify departing from the exhaustion of domestic remedies principle","issue_type":"procedural","dispositive":"yes","related_facts":"The respondents argued the appeal to the Minister would be futile because the Minister had already approved the tariff increase"}
• {"issue_text":"Whether the principle of lis alibi pendens applied to the proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"The same matter was pending before the Minister and the High Court simultaneously"}

Background