Gold mining certificate cancelled

Source: Gold mining certificate cancelled – herald

Fidelis Munyoro-Chief Court Reporter

A CERTIFICATE issued to MMP Mining Syndicate for gold mining on communal land in Zhombe is unlawful and must be cancelled, the High Court has ruled.

Justice Evangelista Kabasa, sitting in Bulawayo, declared the certificate of registration issued on January 24, 2025, to first respondent, MMP Mining Syndicate null and void, citing a violation of the Mines and Minerals Act.

“The decision of the third respondent (Provincial Mining Director for Midlands) in issuing the first respondent (MMP) with gold mining title held under certificate of registration number 35304 in respect of a mining block called Bamara 135 is hereby declared unlawful and a nullity,” ruled Justice Kabasa.

The case was brought by Mr Charles Masvimbo, a village head and communal landholder in Masvimbo Village, Ward 9, under Chief Gwesela in Zhombe.

He argued that MMP Mining Syndicate obtained the certificate without his written consent, which is required under Section 31 of the Mines and Minerals Act for mining activities on communal land under 100 hectares.

Mr Masvimbo, who has lived and farmed on the land since the 1990s, discovered gold deposits on the property in 2023 and began the process of registering a mining claim with his brothers under Peace Mining Syndicate.

However, the process stalled due to an Exclusive Prospecting Order (EPO) held by Rio-Zimbabwe. When the EPO was lifted in 2025, he learned that the MMP Mining Syndicate had already registered a mining block covering his land.

Mr Masvimbo sought an urgent court application to cancel the certificate, arguing that MMP Mining Syndicate had failed to obtain his written consent as required by law.

The court heard that the Provincial Mining Director’s report, compiled after a site visit, confirmed that the land in question was less than 100 hectares and that no written consent had been obtained from Mr Masvimbo.

Justice Kabasa emphasised the legal requirement for written consent, stating that failure to comply with statutory provisions renders administrative actions unlawful.

“Section 31(1)(g)(ii) of the Act is couched in peremptory terms. It provides that no person shall prospect or peg upon communal land under 100 hectares without the written consent of the occupier,” said Justice Kabasa.

The MMP Mining Syndicate  and second respondent, Mr Abednego Tawanda Makuvire opposed the application, arguing that the written consent of the Rural District Council had been obtained and that Mr Masvimbo, as a village head, did not personally occupy the land.

The court dismissed this argument, noting that communal land occupation confers legal rights of use and possession.

Justice Kabasa ruled in favour of the village head, ordering the cancellation of the certificate and awarding him costs at the ordinary scale.

“The evidence before the court establishes that the applicant is the occupier of the land in question, and the land measures less than 100 hectares. Accordingly, the registration was done in contravention of the Act,” ruled Justice Kabasa.

The Provincial Mining Director was directed to cancel the certificate issued to MMP Mining Syndicate.

The legal representatives for the parties were Masvaya Law Chambers for the applicant, Mandipa, Makwara and Chikukwa for the first and second respondents, and the Civil Division of the Attorney General’s Office for the third and fourth respondents.