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Bulawayo High Court
Thabani Tshuma and Higher Octane Suppliers (Pvt) Ltd v Zimbabwe Energy Regulatory Authority
HB 12-20
Case Details
Court
Bulawayo High Court
Date
22 January 2020
Citation
HB 12-20
Neutral Citation
[2020] ZWHB 12
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Makonese J
Full Bench
Makonese J
Areas of Law
Administrative LawEnergy Law
Keywords
fuel station closureadministrative justiceurgent reliefregulatory authority
Tags
urgent applicationadministrative actionregulatory enforcement
legislation
Statutes Cited
- Petroleum Act
- Administrative Justice Act
- Administrative Justice Act
- Energy Regulatory Authority Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent acted lawfully and reasonably in closing the service station without court order","issue_type":"administrative","dispositive":"yes","related_facts":"Station closed for 14 days; US$45,000 revenue loss; no prior notice given"}
- {"issue_text":"Whether the penalty for section 29 contravention permits closure of business premises","issue_type":"law","dispositive":"yes","related_facts":"Section 29 provides for fine or imprisonment only"}
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background
Facts of the Case
Background
The applicants operated a fuel service station in Bulawayo under licence from the respondent. After expanding operations to an adjacent station and investing US$14,000, the respondent's inspectors seized the pumps and closed the station on 31 January 2019 for alleged contravention of section 29 of the Petroleum Act, causing US$45,000 in losses over 14 days.
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