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Harare High Court
Spencer Nyakudya v Vibranium Resources (Pvt) Ltd and J Makandwa-N.O. and Minister of Mines and Mining Development N.O.
HH 681-22
Case Details
Court
Harare High Court
Date
5 October 2022
Citation
HH 681-22
Neutral Citation
[2022] ZWHH 681
Outcome
unknown
Case Type
Review
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Administrative LawMining Law
Keywords
mining certificate cancellationprocedural irregularitynotice requirementsMines and Minerals Act
Tags
mining lawadministrative reviewprocedural compliance
legislation
Statutes Cited
- Mines and Minerals Act
- High Court Act
- Postal and Communications Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the cancellation of the applicant's mining certificate complied with the mandatory procedural requirements of s 50 of the Mines and Minerals Act","issue_type":"procedural","dispositive":"yes","related_facts":"Notice lacked proposed cancellation date; alleged service by registered post not proven"}
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background
Facts of the Case
Background
The applicant held a mining certificate for Shamva 'X' Mine registration number 47622. The second respondent (Provincial Mining Director) purported to cancel this certificate for over-pegging onto prior claims of the first respondent. The applicant challenged the cancellation alleging failure to comply with mandatory notice and service requirements under s 50 of the Mines and Minerals Act.
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