High Court delivers crushing blow to unlawful mine...

High Court delivers crushing blow to unlawful miners

Justice Gladys Mhuri

By Nyashadzashe Ndoro - Chief Reporter

The High Court has ruled that the suspension of a mining syndicate's certificate of registration has lapsed, declaring continued mining activities by other parties within that location unlawful and ordering them to cease operations and vacate the site.

The case involves Andrew Kunaka and Kudakwashe Govo, proprietors of AGK Mining Syndicate, versus the Secretary of Mines and Mining Development, the Provincial Mining Director Midlands Province, the Minister of Mines and Mining Development, Tilfury Zimbabwe (Pvt) Ltd, and Fungai Bangidza.

The dispute centered around a certificate of registration number 31283 issued to AGK Mining Syndicate. Tilfury Zimbabwe (Pvt) Ltd and Fungai Bangidza had been granted an interim order suspending the syndicate's certificate of registration pending the finalisation of two other cases, HC1707/18 and HC1827/19.

High Court judge Justice Gladys Mhuri ruled in favour of the mining syndicate, declaring that the suspension of Certificate of Registration Number 31283 had lapsed. The court also declared that the continued mining activities by Tilfury Zimbabwe (Pvt) Ltd and Fungai Bangidza within the operation of mining certificate (registration number 31283) were unlawful.

As a result, Tilfury Zimbabwe (Pvt) Ltd and Fungai Bangidza were ordered to stop all mining operations and move out of the mining location defined in Certificate of Registration 31283. They were also ordered to stop interfering with the applicants' mining operations at the mining location defined in Certificate Registration Number 31283.

The court's decision was based on the finding that the interim order granted to Tilfury Zimbabwe (Pvt) Ltd and Fungai Bangidza was provisional in nature and had lapsed after the finalization of the two other cases. The court also found that the applicants had a clear right to mine the disputed location, which had been established on a balance of probabilities, and that the respondents' continued mining activities were causing harm to the applicants' business interests.

"Without a certificate of registration of a mining location, the fourth and fifth Respondents cannot lawfully mine at the contested mining location. They similarly have no cause to be at the mining location. Is there any prejudice that may be suffered by the fourth and fifth respondents if the present application is granted which will interfere with the exercise of balance of justice? I find none in the circumstances. It is for the foregoing that I find that the applicants have satisfied the requirements of a declarator and a final interdict," Justice Mhuri stated.

The court ordered that: "the suspension of Certificate of Registration Number 31283 under case number HC2242/19 be and is hereby declared to have lapsed.

"The fourth and fifth Respondents continued mining activity (after the finalization of HC1707/18 and 1824/21 within the operation of mining certificate (registration number 31283) be and is hereby declared to be unlawful.

"Consequently, fourth and fifth respondents herein be and are hereby ordered to stop all mining operations at and move out of the mining location defined in Certificate of Registration 31283.

"The fourth and fifth respondents herein be and are hereby ordered to stop interfering with first and second applicants’ mining operations at the mining location defined in Certificate Registration Number 31283."

The court ordered Tilfury Zimbabwe (Pvt) Ltd and Fungai Bangidza to pay costs of suit on a scale as between a legal practitioner and client scale.