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Harare High Court
Falcon Gold Zimbabwe Limited and Inyamazane Gold (Private) Limited v Minister of Mines and Mining Development N.O.
HH 542-22
Case Details
Court
Harare High Court
Date
10 August 2022
Citation
HH 542-22
Neutral Citation
[2022] ZWHH 542
Outcome
unknown
Case Type
Application
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO J
Areas of Law
Administrative LawMining Law
Keywords
mining claims cancellationsection 400(1)(a) Mines and Minerals Actoutput declarationshow cause notice
Tags
mining lawadministrative reviewcancellation of mining rights
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- Administration of Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Minister had jurisdiction to cancel mining rights under section 400(1)(a) when applicants claimed they had not commenced mining operations","issue_type":"law","dispositive":"yes","related_facts":"25-year holding of titles without output, issuance of inspection certificates"}
- {"issue_text":"Whether the cancellation procedure followed was grossly irregular","issue_type":"procedural","dispositive":"no","related_facts":"Show cause notice procedure, response from applicants"}
- {"issue_text":"Whether second applicant was denied the right to be heard","issue_type":"procedural","dispositive":"no","related_facts":"Second applicant is tributary, not directly served"}
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background
Facts of the Case
Background
The applicants sought review of the Minister's decision to cancel their mining claims under section 400(1)(a) of the Mines and Minerals Act for failure to declare output. The Minister had issued show cause notices and subsequently cancelled the claims after 25 years of holding mining titles without declaring any output.
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