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Harare High Court
Hippo Valley Estates Limited and Triangle Limited v Minister of Environment, Water and Climate
HH 235-18
Case Details
Court
Harare High Court
Date
3 May 2018
Citation
HH 235-18
Neutral Citation
[2018] ZWHH 235
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Administrative lawWater lawConstitutional law
Keywords
Water tariffsUltra viresAudi alteram partemDiscriminationStatutory instrument
Tags
Water tariffsStatutory regulationsUltra viresNatural justice
legislation
Statutes Cited
- Zimbabwe National Water Authority Act
- Zimbabwe National Water Authority Act
- Constitution of Zimbabwe
- Administrative Justice Act
- Water Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Minister acted ultra vires the Zimbabwe National Water Authority Act in publishing the tariff regulations","issue_type":"law","dispositive":"yes","related_facts":"Minister published regulations without ZINWA application; agreements provide for different review mechanisms"}
- {"issue_text":"Whether the regulations violated the audi alteram partem rule","issue_type":"procedural","dispositive":"no","related_facts":"Applicants were not consulted before tariff increase"}
- {"issue_text":"Whether the regulations violated s 56 of the Constitution by discriminating against the applicants","issue_type":"constitutional","dispositive":"no","related_facts":"Only commercial agriculture estates affected; other sectors had charges reduced or maintained"}
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background
Facts of the Case
Background
Two sugar companies challenged regulations published by the Minister increasing their water tariffs, arguing the Minister acted ultra vires the enabling Act and violated their constitutional rights and natural justice principles.
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