Back to top
Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Harare High Court

Everisto Pfumvuti v Zimbabwe National Water Authority and Upper Sub-Catchment Council and The Minister of Environment Water and Climate N.O

HH 380-17

Case Details

Court
Harare High Court
Date
21 June 2017
Citation
HH 380-17
Neutral Citation
[2017] ZWHH 380
Outcome
unknown
Case Type
Application

Bench

Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Administrative lawWater lawConstitutional law
Keywords
Water permitsGroundwater extractionStatutory instrument validityLevy charges
Tags
Water lawStatutory instrumentsAdministrative law
legislation
Statutes Cited
  • Water Act
  • Water Act
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant exhausted domestic remedies before approaching this court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not appeal to Administrative Court under s 114(1) of Water Act"}
  • {"issue_text":"Whether S.I 52/2015 is ultra vires the Water Act","issue_type":"law","dispositive":"no","related_facts":"Allegation that no consultation with stakeholders occurred"}
  • {"issue_text":"Whether the $3.00 levy violates constitutional rights under s 77","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant claims levy affects right to water"}
  • {"issue_text":"Whether the applicant has locus standi to challenge on behalf of public","issue_type":"procedural","dispositive":"no","related_facts":"Applicant not member of Borrowdale Rate Payers Association"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a bulk water extractor, challenged the validity of Statutory Instrument 52/2015 which imposed a $3.00 levy per 1000 cubic metres of groundwater extracted. He sought declarations that the regulations were ultra vires the Water Act and violated constitutional rights, and that his permit refusal was unlawful.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →