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Supreme Court

Linda Kopecky (2) Mark Kopecky Tsholofelo Trust (4) Diane Thornton (5) Slipper Shell Investments (Private) Limited v (1) City of Harare (2) Spirit Life Church

[2023] ZWSC 39

Case Details

Court
Supreme Court
Date
2023
Citation
[2023] ZWSC 39
Judgment No.
SC 39/23
Outcome
unknown
Case Type
Appeal

Bench

Presiding
MAKONI JA
Full Bench
BHUNU JAMAKONI JAMWAYERA JA
Areas of Law
Administrative lawPlanning law
Keywords
change of use permitRegional Town and Country Planning Actnoise pollutionchurch
Tags
planning lawchange of uselocal authority
legislation
Statutes Cited
  • Regional Town and Country Planning Act
  • Regional Town and Country Planning Act
  • Regional Town and Country Planning Act
  • Regional Town and Country Planning Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether permit was granted after prescribed time limit lapsed","issue_type":"procedural","dispositive":"no","related_facts":"Extension granted 30 November 2021, permit granted 21 December 2021"}
  • {"issue_text":"Whether failure to complete all sections of application form invalidated permit","issue_type":"law","dispositive":"no","related_facts":"Sections 10, 11 and 12 not completed, application accompanied by justification report"}
  • {"issue_text":"Whether incorrect citation of applicant as Spirit Life Church instead of Spirit Life Church International rendered application invalid","issue_type":"law","dispositive":"no","related_facts":"Omission of word \"International\", no confusion as to identity"}
  • {"issue_text":"Whether permit was invalid for failing to provide for sewer connection costs","issue_type":"law","dispositive":"no","related_facts":"Existing sewer line available, argument not motivated"}
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background
Facts of the Case

Background

Residents appealed against Administrative Court decision upholding City of Harare's grant of permit allowing Spirit Life Church to convert residential property to church use, alleging non-compliance with planning laws and procedural irregularities.
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