The High Court has dismissed, with costs, a lawsuit in which a man claimed ownership of a mining claim in Matabeleland South based on an unwritten deal he made with a previous owner who is now deceased. The presiding judge ruled that the applicant’s case was legally defective and poorly pleaded.
Lungisani Ncube had approached the court seeking to be declared the owner of the Van Roo 3 mining claim. He alleged that he had acquired the claim as commission for helping to sell mining properties belonging to the late Michael J. Van Rooyen.
However, businessman Rainas Gambiza, who currently occupies the claim, challenged the lawsuit, arguing that Ncube had failed to show any legal basis for ownership.
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In her ruling, Justice Mpokiseng Dube found that Ncube had not produced evidence of a valid and registered transfer of the mining claim as required under Zimbabwe’s mining laws. The court said mining rights can only be acquired through formal procedures set out in the Mines and Minerals Act, including written agreements and registration with mining authorities.
The judge further ruled that a private commission agreement, even if it existed, could not override a registered mining right held by another party.
The court also criticised Ncube for making allegations of fraud and misrepresentation without providing detailed facts. It noted that key parties, including the executor of Van Rooyen’s estate and the alleged buyer of the mine, were not included in the case, making the proceedings procedurally flawed.
Justice Dube said the defects in the lawsuit were so serious that they could not be cured through amendment.
As a result, the court dismissed the claim and ordered Ncube to pay Gambiza’s legal costs on an attorney-and-client scale.
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