Mozambican justice and the rights of the communities affected by the activities of Jindal Mozambique Minerais, Ltd
6. Actions in the Administrative Courts In November 2015, JA submitted two cases to the Administrative Court of the Province of Tete (TAPT), namely: a) Action to Recognize Legally Protected Rights JA submitted this action in defence of environmental law and land rights of communities and families affected by the activities of mining company JINDAL, in the District of Marara, Chirodze, Tete Province. This is case nr. 43/2015/ TAPT. This process followed its legal procedures and, on the 13th of June 2016, JA was effectively notified of Judgment nr. 09/TAPT/16, concerning this case nr. 43/2015/TAPT, and by which TAPT rejected JA’s request on grounds of an alleged illegality of the State and of use of improper procedural means by JA. However, disagreeing with the decision given in Judgment nr 09/TAPT/16, JA submitted the relevant appeal to the First Section of Litigation of the Administrative Court, since, in its view, the judgment in question lacked grounds of law and as such, violated the law
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and the principles of the rule of law and justice. It is clear that, in that judgment, a decision was taken on the basis of presumptions and that, on the one hand, it sought at all costs to accommodate exceptions or previous matters in order not to know the merits of the cause; knowing, on the other hand, exceptions such as those of illegitimacy of the State and use of improper procedural means, lack legal sustainability. The TAPT decided on the basis of arbitrariness and on the basis of a clear abuse of the discretionary powers that the law confers to the judge of the case. The appeal in question is now processed as case nr 60/2016-1, in the First Section of Litigation of the Administrative Court. However, that court has not yet ruled on the appeal in question, which has already prompted JA to address it calling for a speedy and timely decision on the ground of fundamental rights being at stake.
