HIGH Court judge Justice Christopher Dube-Banda has ordered the eviction of people who were engaged in gold mining activities at the late former Finance minister of Christopher Tichaona Kuruneri’s farm in Mazowe after his widow, Paidamoyo, approached the court seeking their ejection.
Paidamoyo had been battling the miners, who were given claims on her farm and refused to vacate arguing that they were issued with licences by the Mines and Mining Development ministry and Environmental Management Agency.
She dragged Sipho Mlalazi and Thabani Ndlovu to the High Court seeking their eviction from Ascotvale Farm in Mashonaland Central province.
Mlalazi’s mining claim is known as Rosary 101, while Ndlovu’s is known as Rosary 47 situated at the boundary of Ascotvale Farm.
In her affidavit, Paidamoyo submitted that sometime in 1997, her late husband acquired a piece of land and on receiving title, the couple took occupation of the farm.
She submitted that in 2002, the Environmental Management Act was enacted to provide for the sustainable management of natural resources and protection of the environment.
Kuruneri said the Act introduced stringent conditions in as far as prospecting, pegging, registration of mining claims and ore processing and concentrating was concerned.
She submitted that the Act also states that a licensing authority under any enactment is not authorised to issue a licence concerning any project unless the Ema director-general has issued a certificate in respect of the project.
- Fresh land invasions hit Whitecliff
- Pomona cash row escalates
- Border Timbers targets European markets
- SA name strong A side for Zim tour
Keep Reading
Notwithstanding, Paidamoyo submitted, ministry officials, with full knowledge of the provisions of the Ema Act, illegally issued prospecting licences, mining licences and permits to prospective miners in the absence of an environmental impact assessment certificate.
She said the respondents were issued with licences, resulting in illegal mining activities on Ascotvale Farm that caused serious environmental degradation.
Paidamoyo said her late husband, sometime in 2019, sought a prohibition interdict against the government officials to ensure compliance with the law as set out in the Ema Act and it was granted on March 25, 2021.
She said the court further made a general declaration of invalidity of any mining licences, permits or certificates in respect of Ascotvale Farm.
Mlalazi, however, opposed the application saying even if he did not have the Ema certificate, his title to the mine in question could not be challenged after more than two years of registration.
He argued that the court should order Kuruneri to pay the costs of the lawsuit.
In his ruling, Justice Dube-Banda said Kuruneri’s application had succeeded to obtain the relief she sought from the court.
“There are no special reasons warranting a departure from the general rule that costs should follow the result. The applicant is entitled to her costs. She sought costs on a legal practitioner and client scale,” the judge said.
He also ordered Mlalazi, Ndlovu and all those occupying the mine through them to vacate from the mining claim.
“The second respondent (Ndlovu) and all those occupying through them, be and are hereby directed and ordered to forthwith vacate from a mining claim namely Rosary 47 situate on Ascotvale Farm, Mazowe district, Mashonaland Central.
“Failure of the respondents to comply with the above, order, the Sheriff of the High Court be and is hereby authorised to evict the said respondents together with all persons claiming right of occupation through them," the judge said.
