Online Reporter
Fidelis Munyoro
Chief Court Reporter
Kundayi Mining Syndicate has suffered a legal blow as the High Court in Chinhoyi, has nullified and ordered the removal of two mining claims from the register, declaring their certificates of registration unlawfully issued.
Justice Phildah Muzofa declared the claims, Kent 1 and Kent 2, null and void, stating they were issued without the legally required Environmental Impact Assessment Certificate (EIAC), breaching the Environmental Management Act.
Delivering judgment, Justice Muzofa emphasised that compliance with the law is a non-negotiable prerequisite for mining operations. Referring to established jurisprudence, the judge stated, “Courts cannot sanitise that which was issued against the law. A nullity remains a nullity.”
The ruling upheld the principle that an EIAC is a precondition to the issuance of mining registration certificates under the law.
The applicant, Ariston Holdings Limited, a farming enterprise operating at Kent Estates in Norton, argued that the mining claims were unlawfully registered on its land, threatening its farming activities.
The court found this argument valid, noting the applicant had a direct and substantial interest in the matter. The farming enterprise had been issued lawful authority over Kent Estates before the mining claims were registered, which Justice Muzofa noted “undoubtedly interfered with the applicant’s rights.”
The court dismissed the respondents’ argument that subsequent “regularisation” of the mining claims, through obtaining an EIAC after registration, cured the initial illegality.
Justice Muzofa cited prior Supreme Court rulings, affirming that the legality of registration is determined at the time of issuance.
In her judgment, she stated, “There was nothing in the first place to regularise. The certificate of registration must sit on the EIA Certificate. In the absence of an EIA Certificate, there is no valid registration.”
The Mining Commissioner of Mashonaland West Province, cited as the first respondent, was directed to cancel and remove the disputed certificates from the register.
The Environmental Management Agency and other administrative bodies were also criticised for taking sides with the mining syndicate instead of maintaining neutrality.
Justice Muzofa observed, “The administrative authority shouldn’t take sides with litigants. Its role is to state facts in a colourless manner to assist the court.”
The court granted the applicant’s request for a declaratory order and consequential relief, though it declined to award punitive costs.
Justice Muzofa acknowledged the high-stakes nature of mining disputes but concluded that the law must prevail, irrespective of economic considerations.
