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Bulawayo High Court
Antech Laboratories (Pvt) Ltd v Permanent Secretary for Mines & Mining Development & 2 Ors
HB 19/20
Case Details
Court
Bulawayo High Court
Date
27 February 2020
Citation
HB 19/20
Neutral Citation
[2020] ZWHB 19
Outcome
unknown
Case Type
Application
Bench
Presiding
KABASA J
Full Bench
KABASA J
Areas of Law
Mining lawEnvironmental lawAdministrative law
Keywords
Special grantEnvironmental Impact AssessmentAudi alteram partemLocus standiDeclaratur
Tags
Mining lawEnvironmental lawAdministrative lawSpecial grantLocus standi
legislation
Statutes Cited
- Environmental Management Act
- Environmental Management Act
- Mines and Minerals Act
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has locus standi despite name change from Orpheus Mining","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's ownership proven through deed in previous name"}
- {"issue_text":"Whether Special Grant 6899 was validly issued without Environmental Impact Assessment certificate","issue_type":"mixed","dispositive":"yes","related_facts":"No EMA certificate obtained before issuance"}
- {"issue_text":"Whether applicant was entitled to be heard before special grant issued","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant wrote objections but was not heard"}
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background
Facts of the Case
Background
Applicant, owner of Purdown Farm, sought confirmation of a provisional order setting aside Special Grant 6899 issued to third respondent for mining operations on its property, arguing failure to comply with environmental assessment requirements and lack of consultation.
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