Indigenous Petroleum Association of Zimbabwe v Zimbabwe Energy Regulatory Authority and Minister of Energy and Power Development

HH 100-21

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Case Details

Court

Harare High Court

Date

10 March 2021

Citation

HH 100-21

Neutral Citation

[2021] ZWHH 100

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE J

Full Bench

DUBE J

Areas of Law

Administrative LawEnergy Regulation

Keywords

petroleum licensingregulatory noticeprocedural fairnesslegitimate expectation

Key Issues

{"issue_text":"Whether the court should confirm the provisional order given that the impugned conditions have been withdrawn","issue_type":"procedural","dispositive":"yes","related_facts":"Withdrawal of section (b) of Notice; parties' agreement on licence fees"}
{"issue_text":"Whether the first respondent's board was properly constituted","issue_type":"law","dispositive":"no","related_facts":"Board composition requirements under Energy Regulatory Authority Act"}
{"issue_text":"Whether the notice was validly issued","issue_type":"law","dispositive":"no","related_facts":"Board's authority to issue notices; consultation requirements"}

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background

Facts of the Case

Background

The applicant, representing indigenous petroleum operators, challenged a regulatory notice issued by the first respondent on 9 March 2020 that imposed new licensing conditions including increased fees and requirements for 25 branded service stations and a ZWL$30 million performance bond. After obtaining a provisional order suspending these conditions, the applicant sought confirmation while the respondent argued the matter had become academic as it had withdrawn the impugned conditions.

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