ZELA using the law to protect and conserve the environment


Case Brief


This is a case where ZELA is offering and supporting a local based organization by the name SAVE ODZI COMMUNITY NETWORK TRUST against the Ministry of Mines as well the Ministry of Finance. This case was filed against the background that this community-based organization has members who are residents to a mineral host community.  Several mining deals and contracts have been entered into over the years but without transparency and accountability. In this case the community-based organization seeks to address lack of transparency and competitiveness in mining joint venture contracts, mining concessions and mining rights.

In this case ZELA filed a case for a declaratory order in terms of section 14 of the High Court Rules seeking the following relief

  • The failure by the government of Zimbabwe to enact the law, provided for in terms of section 315 (2)  (a)(b)(c) of the Constitution is a violation of Constitutional obligations imposed by the Constitution.
  • The government to gazette through the Respondents the Bill envisaged by section 315(2)  of the Constitution within 90 days of the order.

This case was opposed by the Respondents. The gist of their arguments is that the law that is envisaged by section 315(2) is already in place. ZELA has since responded to these arguments and maintained its position that there is need to put a law. This case will go a long way to address transparency and accountability in Zimbabwe.

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