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Mining Law

HH205-10 : AFRICA CONSOLIDATED RESOURCES (PVT) LIMITED AND FOUR OTHERS vs MINISTER OF MINES AND MINING DEVELOPMENT AND TWO OTHERS
Ruled By: HUNGWE J

In any event, in order to benefit from section 58 of the Mines and Minerals Act [Chapter 31:05] the applicants should have held the title to the mining rights for two years. It is not disputed that the applicants acquired the “rights” in 2006. By the end of that year the first respondent had ...
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HB57-09 : TRYSON INVESTMENTS vs MAPLE LEAF MINING (represented by Cecil Madondo N. O.) and MINING COMMISSIONER
Ruled By: NDOU J

The applicant seeks a relief in the following terms:- “Terms of the final order sought 1. That pending the resolution of the dispute concerning mining claims listed in the Tribute Agreement, in terms of the law, this first respondent be interdicted from disposing the concerned mining claims in any way. 2. That pending the resolution of the dispute ...
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HH08-12 : LOREEN MASHANGWA vs CHRISPEN BHADHI and TICHA DARANGWA and THE MINING COMMISSIONER GWERU
Ruled By: MAWADZE J

This is an urgent chamber application for a provisional order whose interim relief sought is stated as follows:“INTERIM RELIEF GRANTEDPending determination of the lawful owner of ANSH NORTH situated on the following map coordinates;Point A 0187976 ...
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HH107-10 : CHIROSWA MINERALS (PRIVATE) LIMITED and BASE MINERALS (PRIVATE) LIMITED vs MINISTER OF MINES and MORIS TENDAI NYAKUDYA and VAMBO MILLS (PRIVATE) LIMITED
Ruled By: BHUNU J

The first applicant, hereinafter referred to as the Grantor, is the registered owner of certain six mining claims situate in the district of Shamva being - Name Registration Number Dodge 1 ...
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HB05-11 : BMG MINING (PVT) LTD vs MINING COMMISSIONER BYO MINING DISTRICT and CHIEF MINING COMMISSIONER and KAMATIVI TIN MINES (PVT) LTD
Ruled By: MATHONSI J

The applicant seeks a declarator that it is the lawfully registered holder of mining claims called Kapata 11, registered number 11769BM held by certificate of registration number T30249.All the respondents have opposed the application mainly on the ground, that, the applicant's said claims overpeg already existing and registered claims of ...
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HB155-11 : (1) SABAWE MAZUVA HC1310/10 and (2) CHARLES SIMBI HC1349/10 vs (1) MINING COMMISSIONER,GWERU and OFFICER COMMANDING POLICE,MIDLANDS and MINISTER OF MINES and (2) SABAWE MAZUVA
Ruled By: MATHONSI J

These two applications are inter-related. HC1349/10 is an application for rescission of judgment made by Charles Simbi (herein after referred to as “the first respondent”) who is the first respondent in HC1310/10, an application made by Sabawe Mazuwa (hereinafter referred to as “the applicant”), who is the respondent in the ...
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HMA31-17 : CHAMU MINING SYNDICATE vs SIBONGILE MPINDIWA N.O. and CHAMWANDOITA SYNDICATE
Ruled By: MAFUSIRE J

The applicant was a mining syndicate. It was involved in gold mining and prospecting. In this application, it sought several remedies against the first respondent in her official capacity. These were in respect of a certain gold mining block, Coronation 5, somewhere in Masvingo Province. The first respondent was the Provincial Mining Director. The second ...
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HH59-15 : REUBEN MARUMAHOKO and EDWARD CHIMEDZA and NEVER CHIROWAPASI vs PROVINCIAL MINING DIRECTOR, MASHONALAND WEST (N.O) and OFFICER IN CHARGE, ZIMBABWE REPUBLIC POLICE (N.O.)
Ruled By: MUREMBA J

From the submissions made by both parties, it is common cause that no appeal lies with the Minister of Mines. Both parties said that in terms of section 361 of the Mines and Minerals Act [Chapter 21:05], an appeal lies with the Supreme Court. However, the correct position is that in terms of that section ...
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HH59-15 : REUBEN MARUMAHOKO and EDWARD CHIMEDZA and NEVER CHIROWAPASI vs PROVINCIAL MINING DIRECTOR, MASHONALAND WEST (N.O) and OFFICER IN CHARGE, ZIMBABWE REPUBLIC POLICE (N.O.)
Ruled By: MUREMBA J

Looking at section 45(1) of the Mines and Minerals Act [Chapter 21:05], it is apparent that the person who is vested with the powers to receive applications for registration of mining blocks and issuing the certificates of registration is the Mining Commissioner. So, he is the authority who grants mining rights. In terms of section 346, the ...
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HB135-16 : KAS FOODS (PVT) LTD vs GLADYS MOYO and ACTING PROVINCIAL MINING DIRECTOR – MIDLANDS
Ruled By: MATHONSI J

The applicant is the holder of 4 gireef mining claims known as Unit 2 Mine, registration number 22287, in Kwekwe, originally registered on 5 January 1998 but transferred to the applicant by Certificate of Registration After Transfer number 20928 of 14 January 2001. Since then it has been extracting gold deposits from those claims and ...
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HH339-14 : ROCK CHEMICAL FILLERS (PVT) LTD vs BRIDGE RESOURCES (PVT) LTD and TAPIWA GURUPIRA and MOST CHIKUMBA
Ruled By: MATHONSI J

The applicant is a mining concern which is the registered owner of certain mining claims known as Riverclay 101 located on Redfields Farm in Kwekwe District where it mines Barytes on 18 claims. The first respondent is also into mining, and, in that regard, it was issued with a Special Prospecting Licence to prospect and search ...
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HH228-16 : ANJIN INVESTMENTS (PVT) LTD vs THE MINISTER OF MINES & MINING DEVELOPMENT and THE MINISTER OF HOME AFFAIRS and THE COMMISSIONER-GENERAL OF THE ZIMBABWE REPUBLIC POLICE
Ruled By: MANGOTA J

Section 291 of the Mines and Minerals Act [Chapter 21:05]…., reads: “ISSUE OF SPECIAL GRANTS 1. The Secretary may issue to any person - (a) A special grant to carry out prospecting operations; or (b) A special grant to carry out mining operations for mining purposes; upon a defined area situated within an area which has been reserved against prospecting or pegging under section thirty-five for ...
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Appealed
SC33-18 : SMIT INVESTMENT HOLDINGS SA (PROPRIETARY) LIMITED and GENET MINING (PROPRIETARY) LIMITED vs THE SHERIFF OF ZIMBABWE and PUNGWE MINING (PVT) LTD
Ruled By: MALABA CJ, HLATSHWAYO JA and PATEL JA

The Customs and Excise (Suspension) Regulations 2003 (S.I. 257 of 2003) as amended, provide, in section 9K(2), that: “Suspension of duty shall be granted to a holder in respect of specified goods which, during the specified period, are imported by that holder for use solely and exclusively for mining development operations.” A “holder” of a mining location, in ...
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HH193-16 : GRANDWELL HOLDINGS PL vs MINISTER OF MINES and ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and ZIMBABWE CONSOLIDATED DIAMOND COMPANY and MBADA DIAMONDS PL and ANOR
Ruled By: MAFUSIRE J

Relevant portions of section 291 of the Mines and Minerals Act [Chapter 21:05] say: “291 Issue of special grants [1] The Secretary may issue to any person – [a] A special grant to carry out prospecting operations; or [b] A special grant to carry out mining operations or any other operations for mining purposes; upon a defined area situated within an area ...
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HB172-16 : STANLEY MASUMBA vs COLLEN TSHAYANA and PROVINCIAL MINING DIRECTOR - MIDLANDS and MINISTER OF MINES AND MINING DEVELOPMENT N.O.
Ruled By: MATHONSI J

A mining dispute arose between the applicant and the first respondent because the applicant has been carrying out mining operations on his mine known as Belingwe Star 40, mine registration number 13185, located somewhere next to a farm where the first respondent is farming. The dispute arose not because of clash of activities between the first ...
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HH169-15 : ZIMBABWE PLATINUM MINES (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY and STANBIC BANK and MNISTERS OF MINES AND MINING DEVELOPMENT and MINERALS MARKETING CORPORATION OF ZIMBABWE
Ruled By: MAKONI J

The applicant approached this court seeking a declaratur and consequential relief in the following terms:- “1. The Application for a Declaratur is hereby granted. 2. The garnishee order issued on 16 November 2011 by the 1st Respondent to the 2nd Respondent against the applicant is invalid. For the avoidance of doubt, it is specifically declared that: 2.1. The definition of taxes, ...
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HMA26-18 : DYNAMIC MINING SYNDICATE vs ZIMASCO (PVT) LTD and ENELY MUZENDA and BUSYWORK DUBE and PROVINCIAL MINING DIRECTOR, MIDLANDS PROVINCE and OFFICER IN CHARGE, LALAPANZI and ANOTHER
Ruled By: MAWADZE J

This urgent chamber application for a provisional interdict is anchored on an appeal filed with this court on 22 March 2018. The applicant is a mining syndicate involved in chrome mining in the Lalapanzi area in Gweru. The first respondent, ZIMASCO (Pvt) Ltd, is a duly registered company in terms of the laws of Zimbabwe and ...
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Appealed
SC10-19 : SIPHIWE DUBE vs TURFWALL MINING (PVT) LTD t/a BEENSET INVESTMENTS and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and BHUNU JA

This is an appeal against the High Court's judgment sitting at Bulawayo. The judgment granted the first respondent a provisional order interdicting the appellant and all her employees from conducting all forms of mining on the five disputed claims pending confirmation of the provisional order.
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HH480-18 : MILMATH SECURITY PL vs TABATANA MINING SYNDICATE and PAUL CHENJERAI and ISAAC JIRI and EARTHROW INVESTMENTS PL and PROSPER MACHEKERA and ORS
Ruled By: MANGOTA J

An owner of property may recover it from whoever possess it without his consent; Badela Ndlovu v Spiwe Posi HH475-15. The actio rei vindicatio is an action brought by an owner of the property to recover it from any person who retains possession of it without his consent; Tendai Savanhu v Hwange Colliery Company SC08-15. The principle that an owner cannot ...
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SC05-20 : GRANDWELL HOLDINGS PL vs ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and MBADA DIAMONDS PL
Ruled By: GWAUNZA DCJ, MAVANGIRA JA and MATHONSI JA

This is an appeal against the whole judgment of the High Court handed down on 26 October 2016 dismissing the appellant's application for specific performance with costs.The facts are that the appellant and the second respondent are each the holders of fifty percent of the issued share capital in the ...
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SC39-20 : ANJIN INVESTMENTS PL vs MINISTER OF MINES AND MINING DEVELOPMENT and MINISTER OF HOME AFFAIRS and THE COMMISSIONER – GENERAL OF THE ZIMBABWE REPUBLIC POLICE
Ruled By: BERE JA

This is an opposed chamber application for condonation of late noting of an appeal and extension of time within which to appeal in terms of Rule 43 of the Supreme Court Rules, 2018. The applicant seeks an order couched in the following terms:“It is hereby ordered that;(a) The application for ...
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SC01-10 : ZIMBABWE MINING DEVELOPMENT CORPORATION and MINERALS MARKETING CORPORATION OF ZIMBABWE vs AFRICAN CONSOLIDATED RESOURCES PLC and OTHERS
Ruled By: CHIDYAUSIKU CJ

This is a Chamber application in which the applicants seek to set aside an order by HUNGWE J. The order sought to be set aside provides that the learned Judge's judgment will not be suspended by the noting of an appeal. The order of the court a quo provides as ...
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SC19-12 : JAMESON RUSHWAYA and ANNIE RUSHWAYA and XELOD INVESTMENTS PL vs SWIMMING POOL & UNDERWATER REPAIRS PL and PATTERSON TIMBA and AEPROMM RESOURCES PL and TOLROSE INVESTMENTS PL
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA AJA

This is an appeal against a judgment of the High Court.The second respondent (“Timba”) and the first and second appellants (“the Rushwayas”) are the majority and minority shareholders respectively in Aepromm Resources (Pvt) Ltd. On 3 May 2011, following a series of lawsuits, the Rushwayas entered into an agreement (“the ...
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HH19-11 : JAMESON RUSHWAYA and ANNIE RUSHWAYA vs PATTERSON TIMBA and SWIMMING POOL & UNDER WATER REPAIRS PL and TOLROSE INVESTMENTS PL and MESSENGER OF COURT, KADOMA
Ruled By: MAVANGIRA J

This is an urgent chamber application in which the applicants seek a Provisional Order in the following terms:“TERMS OF FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order should not be made in the following terms:-1. That first, second, and fourth respondents and/or their agents ...
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