Gideon Rushinga and 3 Ors v Bailzone Mining (Pvt) Ltd and 2 Ors

HMA 21-25

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Case Details

Court

Masvingo High Court

Date

21 January 2025

Citation

HMA 21-25

Neutral Citation

[2025] ZWHMA 21

Outcome

unknown

Case Type

Application

Bench

Presiding

Zisengwe J

Full Bench

Zisengwe J

Areas of Law

Mining lawAdministrative lawEnvironmental law

Keywords

Certificates of registrationRural District Council consentEnvironmental Impact AssessmentCommunal landSection 31 Mines and Minerals Act

Key Issues

{"issue_text":"Whether certificates of registration issued without Rural District Council consent are invalid","issue_type":"law","dispositive":"yes","related_facts":"Certificates issued without prior written consent; section 31(1)(h) requirement"}
{"issue_text":"Whether Environmental Impact Assessment reports dependent on invalid certificates must be set aside","issue_type":"law","dispositive":"no","related_facts":"EMA reports granted on presumption of valid registration"}
{"issue_text":"Whether section 58 time-bar protects irregularly obtained certificates","issue_type":"law","dispositive":"no","related_facts":"Certificates registered for more than two years"}

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Facts of the Case

Background

Five residents of Chiromo village in Zaka applied for a declaratory order that mining certificates issued to Bailzone Mining (Pvt) Ltd covering their homesteads, fields and traditional sites were invalid for lack of Rural District Council consent as required by section 31(1)(h) of the Mines and Minerals Act. The applicants sought to have the certificates and related Environmental Impact Assessment reports set aside and an interdict against mining operations.

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