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Harare High Court
Kingstone Mudonhi v Minister of Mines and Mining Development and Others; Ticharwa Murehwa v Minister of Mines and Mining Development and Others
HH 713-18
Case Details
Court
Harare High Court
Date
31 October 2018
Citation
HH 713-18
Neutral Citation
[2018] ZWHH 713
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Administrative lawMining law
Keywords
Mining claimsBoundary disputeAdministrative justiceUltra vires
Tags
Mining disputesBoundary disputesAdministrative review
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first and second respondents acted unlawfully in reviewing their own decision without consulting the applicants","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants not consulted; 22 May 2017 decision altered boundaries"}
- {"issue_text":"Whether the second respondent had jurisdiction to review his own decision under the Mines and Minerals Act","issue_type":"law","dispositive":"yes","related_facts":"No provision for review in Act; decision made under section 341(2)"}
- {"issue_text":"Whether the decision violated the applicants' rights to administrative justice","issue_type":"constitutional","dispositive":"yes","related_facts":"No hearing given; bias alleged"}
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background
Facts of the Case
Background
The applicants and third respondent are gold miners with adjacent mining claims in Odzi. A boundary dispute arose in 2014, with the second respondent making a determination on 23 December 2014. In July 2016, the third respondent requested review of this decision, leading to a new determination on 22 May 2017 that altered boundaries to the applicants' detriment without consulting them.
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