Mthembisi Moyo and 99 Others v Minister of Local Government, Rural and Urban Development and Hwange Rural District Council and Stelix Civils (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the application complies with procedural requirements for review applications","issue_type":"procedural","dispositive":"no","related_facts":"Application brought under section 4(1) of Administrative Justice Act"}
• {"issue_text":"Whether the applicant has authority to represent 99 other villagers","issue_type":"procedural","dispositive":"no","related_facts":"Only Mthembisi Moyo deposed to founding affidavit"}
• {"issue_text":"Whether the applicant has locus standi to institute proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is affected villager"}
• {"issue_text":"Whether the relief sought is competent","issue_type":"procedural","dispositive":"no","related_facts":"Draft order referred to permit while lease was granted"}
• {"issue_text":"Whether the council acted lawfully in granting lease without ministerial involvement","issue_type":"law","dispositive":"yes","related_facts":"Council acted under section 10 of Communal Land Act which requires minister"}

Background