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Case Details
Court
Bulawayo High Court
Date
23 May 2022
Citation
HB 136/22
Neutral Citation
[2022] ZWHB 136
Outcome
unknown
Case Type
Review
Bench
Presiding
Takuva J
Full Bench
Takuva JMakonese J
Areas of Law
Environmental LawCriminal ProcedureAdministrative Law
Keywords
Environmental Management ActHazardous SubstancesForfeitureCriminal ReviewMis citation
Tags
Environmental ManagementHazardous SubstancesCriminal ReviewForfeiture
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Environmental Management (Control of Hazardous Substances) (General) Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does section 10(3) of the Environmental Management Act create an offence?","issue_type":"law","dispositive":"yes","related_facts":"The charge was brought under section 10(1)(A) as read with section 10(3)"}
- {"issue_text":"Does the discretion to order forfeiture to the State extend to prescribing to the State how it should dispose the items?","issue_type":"law","dispositive":"yes","related_facts":"The trial court ordered disposal by public auction"}
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background
Facts of the Case
Background
The accused was convicted of storing or selling hazardous substances without a licence. Police intercepted his vehicle at Syringer turn off along Bulawayo-Plumtree road and found 66 x 30 litres petrol and 200 litres petrol x 2, leading to his arrest and prosecution.
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