Online Reporter
Fidelis Munyoro-Chief Court Reporter
THE suspension of mining operations at the Kimberly F gold claim in Bindura will stay in place until the matter of rescission is fully resolved.
The High Court made the ruling after hearing the urgent chamber application for interdict, involving applicants Plaxedes Mubaiwa, Patrick Mateu, Edmore Kauteko, and Joel Mtetwa against Timesite Mining Private Limited and Time of Hope Mining Syndicate.
The applicants, members of the Time of Hope Mining Syndicate, sought to prevent damage to their mining area at Kimberly F.
They claimed they were unlawfully evicted from the site on July 11 this year, following a High Court order obtained by the first respondent, Timesite.
The order, granted on July 3, was issued without notice to the other syndicate members and relied solely on the consent of Reginald Ngulube. The applicants discovered the eviction order only after receiving anonymous alerts.
They filed a rescission application on July 11, but the Timsite moved onto the mining site with armed individuals, causing loss and destruction.
The applicants argued that failure to grant the interdict would lead to irreparable harm and deplete resources before their rescission application could be resolved.
Counsel for Timsite, Mr Kudakwashe Shamu, contested the urgency of the application, pointing to a three -four-day delay in filing.
Justice Maxwell Takuva presiding over the case, referenced a previous case, stating, “The court does not engage in a mathematical exercise to count days… The court looks at the totality of the facts and circumstances of each case holistically.”
He agreed with the applicants that the delay was not fatal, dismissing the respondent’s challenge.
Justice Takuva then addressed key issues: the validity of the eviction order, the applicants’ prima facie right to the mining location, the potential for irreparable harm, and the adequacy of alternative remedies.
He found that the eviction order was obtained without proper service to all syndicate members, rendering it procedurally defective.
The judge cited the principle that all affected parties must be involved in eviction proceedings, stressing, “Eviction is not just against one person but affects the entire syndicate’s possessory and mining rights.”
The judge noted the applicants’ established rights to the mining location and recognised the imminent risk of irreparable harm if operations were allowed to continue without proper legal resolution.
Peter Tanyanyiwa