The Provincial Mining Director (PMD) for Mashonaland Central has told the High Court that his office does not oppose an application by Freda Rebecca Gold Mine Limited submitting evidence that its mining lease remains fully valid and exclusive.
In court papers, the PMD, Tendai Kashiri sets out what he describes as the "correct position" of the disputed mining rights in a case involving Side Electrical (Private) Limited.
Kashiri, who filed the affidavit on behalf of his office as well as the Secretary and Minister of Mines and Mining Development said the state's role was not to contest the application but to assist the court with factual clarification.
"We are not opposed to the application... however, as the statutory custodians of the administration of mining rights... we hereby submit the correct position of the mining rights in question," Kashiri said.
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A central plank of his submission is that Freda Rebecca's Mining Lease 21 covering 1 586 hectares remains intact despite a 2002 notice indicating a possible reduction in size.
Kashiri told the court there is no evidence that the Mining Affairs Board ever approved the proposed downsizing.
"Crucially, there is no record of the Mining Affairs Board ever proceeding to authorise the decrease. The lease remains legally valid in its full original extent," he said.
He added that government records continue to recognise the full lease noting that inspection certificates have consistently been processed for the entire 1 586 hectares.
Kashiri also addressed the rights held by Side Electrical stating that the company's legal title is limited to four mining blocks known as Botha 1 to 4 covering a total of 31 hectares.
"The 1st Respondent (Side Electrical (Private) Limited) has never acquired mining rights within the boundaries of Mining Lease 21," he said.
He said that the two parties' claims are legally distinct and geographically separate dismissing any suggestion of overlap in title.
"The Applicant and the 1st Respondent (Freda Rebecca Gold Mine) hold valid titles that apply to two distinct and separate registered mining locations," Kashiri said.
In his submission, Kashiri warned that any operations by Side Electrical within Freda Rebecca's lease area would fall outside its registered rights and amount to a breach of Zimbabwe's mining laws.
"The 1st Respondent is legally prohibited from interfering with the Applicant's mining title and operations," he said.
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The High Court is being asked to grant a declaratory order clarifying the parties' rights and to provide consequential relief.
