S v WHITE 2017 (1) ZLR 66 (H)

Flynote

Criminal law — defences — ignorance or mistake of law — acting in accordance with advice given by official whom the appellant had reason to believe was charged with administration of the law — mistake or ignorance of the law a defence when directly brought about by such advice

Land — gazetted land — occupation — permit — advice given by officials in charge of land acquisition — whether constitutes permit — such advice in any event constituting defence of mistake or ignorance of law

Land — gazetted land — occupation — occupation in terms of mining claim — right of claim holder to occupy land of within boundaries of claim, even if on gazetted land

Mines and minerals — rights — surface rights of miners — right of occupation of surface within claim — such right existing on gazetted land