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Harare High Court
Matovu Investments (Pvt) Ltd v Luckson Sithole and Minister of Mines and Mining Development and Secretary of Mines and Mining Development and Provincial Mining Director Midlands
HH 491-23
Case Details
Court
Harare High Court
Date
16 August 2023
Citation
HH 491-23
Neutral Citation
[2023] ZWHH 491
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Mining lawAdministrative law
Keywords
Tebekwe mineCertificate of registrationTribute agreementSection 31(1)(b) Mines and Minerals ActSection 48 Mines and Minerals Act
Tags
Mining disputesCertificate of registrationTribute agreementProspecting rights
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the tribute agreement relied upon by applicant was approved by relevant authority","issue_type":"procedural","dispositive":"no","related_facts":"Tribute agreement registration status"}
- {"issue_text":"Whether certificate of registration issued to 1st respondent contravened section 31(1)(b) of Mines and Minerals Act","issue_type":"law","dispositive":"yes","related_facts":"Overlap with existing mining location"}
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background
Facts of the Case
Background
Applicant, holder of mining rights under a tribute agreement since 2010, challenged the lawfulness of a certificate of registration issued to 1st respondent in June 2021 over the same mining location. 1st respondent disputed applicant's locus standi claiming the tribute agreement was unapproved and the location was open for prospecting.
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