Nyika Nhundu v African Lithium Resources (Pvt) Ltd & 3 Ors

Key Issues

• {"issue_text":"Whether the application is a disguised review application that should be dismissed","issue_type":"procedural","dispositive":"no","related_facts":"Applicant chose declarator instead of review"}
• {"issue_text":"Whether the claim has prescribed under section 58 of the Mines and Minerals Act","issue_type":"procedural","dispositive":"no","related_facts":"Registration issued April 2019, application brought in 2024"}
• {"issue_text":"Whether section 31(1)(g) requiring consent for mining on land under 100 hectares was complied with","issue_type":"mixed","dispositive":"yes","related_facts":"Plot is 91 hectares, no consent obtained"}
• {"issue_text":"Whether the requirements for granting a declaratory order have been met","issue_type":"law","dispositive":"yes","related_facts":"Applicant has direct interest in the land"}

Background