Ariston Holdings Limited, a Zimbabwe Stock Exchange-listed agro-industrial has won a major legal battle after the High Court struck down mining claims on its Kent Estate, ruling they were issued unlawfully.
In a judgment delivered in Chinhoyi, Justice Philda Muzofa declared two mining certificates granted to Kundai Mining Syndicate invalid and ordered their immediate cancellation, dealing a blow to the miner and reinforcing strict environmental compliance in Zimbabwe's mining sector.
The respondents in the matter were the Mining Commissioner for Mashonaland West Province, the Secretary for Mines and Mining Development, the Minister of Mines and Mining Development, the Environmental Management Agency and Kundai Mining Syndicate.
The dispute centred on mining activities within Ariston's Kent Estate in Norton, where the company argued that the syndicate's claims were unlawfully issued and posed a threat to its farming operations.
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Muzofa ruled that the mining certificates were granted before the syndicate had obtained an Environmental Impact Assessment Certificate (EIAC), a mandatory legal requirement.
"An Environmental Impact Assessment Certificate (EIAC) is a pre-requisite to the registration of a mining claim," the judge said.
She added that any certificate issued without it is invalid from the start: "A nullity remains a nullity. Courts cannot scannose that which was issued against the law."
The mining syndicate had argued that it later obtained the environmental certificate, effectively correcting the error. But the court rejected this, saying the defect could not be fixed after the fact.
"There was nothing in the first place to regularise," Muzofa said.
The judge also dismissed arguments by government authorities tasked with administering mining laws who had urged the court to adopt a more flexible interpretation.
"The doctrine of stare decisis precludes this court from interpreting the two sections differently. Lower courts are bound by decisions of superior courts," she ruled.
In a sharp rebuke, the court warned authorities against siding with litigants.
"It is undesirable for the administrative authority to take sides with litigants... It must not pitch camp with any one of the litigants," Muzofa said.
The court found that Ariston, as the lawful holder of the land, had a clear legal interest to protect.
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"Undoubtedly the 5th respondent's occupation will interfere with applicant's right," the judge noted.
A ground survey had earlier confirmed that one of the claims breached legal distance requirements from farming operations, leading to a concession by the miner, but the court said both claims were fatally flawed due to the absence of prior environmental approval.
"All the legal instruments regulating mining activities must be read together... The Environmental Management Act takes precedence," the judgment stated.
The court ordered the Mining Commissioner to cancel the certificates and directed both the commissioner and the mining syndicate to pay legal costs on a higher scale.
The decision is a significant victory for Ariston and sends a clear warning to the mining sector that failure to follow environmental procedures can render mining rights worthless.
Ariston was represented by C. Mawunga of Maunga and Maanda Associates.
The Mining Commissioner, Secretary for Mines and Mining Development and the Minister were represented by C. Chitekuteku from the Civil Division of the Attorney General's Office, while Kundai Mining Syndicate was represented by D. Mudadirwa of Gijima, Gashirai and Gatawa Attorneys. There was no appearance for the Environmental Management Agency.
