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Harare High Court
Fidelity Printers and Refiners (Private) Limited v The Minister of Mines and Mining Development N.O and The Provincial Mining Director for Midlands Province N.O and Jonah Nyevero
HH 59/21
Case Details
Court
Harare High Court
Date
17 February 2021
Citation
HH 59/21
Neutral Citation
[2021] ZWHH 59
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Administrative lawMining law
Keywords
Mining claim forfeitureSpecial mining grantAdministrative justiceUrgent relief
Tags
Mining rightsAdministrative justiceForfeiture
legislation
Statutes Cited
- Mines and Minerals Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Forfeiture discovered in January 2021, eviction threats on 2 February 2021"}
- {"issue_text":"Whether applicant has locus standi","issue_type":"procedural","dispositive":"no","related_facts":"Applicant claims possession of mining claim, third respondent claims forfeiture terminated rights"}
- {"issue_text":"Whether the interim order sought is competent","issue_type":"procedural","dispositive":"no","related_facts":"Third respondent claims order would suspend statutory process"}
- {"issue_text":"Whether the forfeiture was lawful","issue_type":"mixed","dispositive":"yes","related_facts":"No notice given, no opportunity for representations"}
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background
Facts of the Case
Background
The applicant, a subsidiary of the Reserve Bank of Zimbabwe, held mining claims under Certificate Number 18132 for Mirage 3 Mine. Without notice, the claim was forfeited on 5 June 2020. The applicant only discovered this in January 2021 when voluntarily inquiring about statutory arrears. Subsequently, the third respondent allegedly received a special mining grant and attempted to evict the applicant without court order.
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