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Harare High Court
Allan Norman Markham v Minister of Energy and Power Development and 3 Others
HH 275-21
Case Details
Court
Harare High Court
Date
2 June 2021
Citation
HH 275-21
Neutral Citation
[2021] ZWHH 275
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Administrative LawConstitutional LawEnergy Law
Keywords
petroleum blending regulationsstatutory instrument 17 of 2013stare decisisconstitutional challengeultra vires
Tags
stare decisispetroleum regulationsconstitutional challenge
legislation
Statutes Cited
- Petroleum Act
- Constitution of Zimbabwe (No. 20) of 2013
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Petroleum (Mandatory Blending of Anhydrous Ethanol with unleaded Petrol) Regulations, SI 17 of 2013 are ultra vires the Petroleum Act","issue_type":"law","dispositive":"yes","related_facts":"Regulations promulgated under s 57(1) of Petroleum Act"}
- {"issue_text":"Whether the regulations are unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Alleged infringement of s 56(1) constitutional right"}
- {"issue_text":"Whether the application is barred by stare decisis following CCZ 13/20","issue_type":"procedural","dispositive":"yes","related_facts":"Constitutional Court already decided similar issues"}
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background
Facts of the Case
Background
The applicant, a Member of Parliament, challenged the Petroleum (Mandatory Blending of Anhydrous Ethanol with unleaded Petrol) Regulations (SI 17 of 2013) as being ultra vires the Petroleum Act and unconstitutional. The Constitutional Court had previously decided similar issues in CCZ 13/20, finding the regulations intra vires both the Act and Constitution.
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