Online Reporter
Fidelis Munyoro
IN a recent ruling, the High Court dismissed Shamva Mining Company’s attempt to invalidate the registration of nine gold claims held by Occa Mining (Private) Limited.
The court awarded costs to Occa, reinforcing the principle that costs follow the event.
Shamva argued that the claims were registered on land not available for prospecting, violating the prior pegger principle.
However, Justice Paul Musithu ruled that Shamva’s claim had prescribed under the law, stating, “the applicant’s claim had prescribed, it being a debt for purposes of the Prescription Act.”
Shamva, which has held a mining lease covering 540 hectares since 2015, alleged that Occa Mining had encroached on its territory.
The dispute escalated over the years, with Shamva raising concerns with the Provincial Mining Director in 2018, 2020, and 2021.
Despite these claims, the court found that Shamva’s challenge was filed too late, as it was more than three years after Shamva became aware of Occa’s registration.
Occa Mining defended its position, asserting that its operations were on land allocated under the 2001 Land Reform Programme, which negated Shamva’s claims.
The court concluded that Shamva’s application was not only untimely, but also failed to meet the necessary procedural requirements, leading to the dismissal of its case.
This ruling underscores the importance of timely legal action in mining disputes and clarifies the complexities surrounding mining claims in Zimbabwe.
