PAIDAMOYO Patience Kuruneri, the widow of former Finance minister Christopher Tichaona Kuruneri, is locked in a legal battle with people who are mining gold at the boundary of her farm in Mazowe.
She cited two miners Sipho Mlalazi and Thabani Ndlovu in her application for an eviction order at the High Court seeking the court's help to evict the duo which has a mining licence at Ascotvale Farm, Mashonaland East 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, Kuruneri said 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 sometime 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 Ema Act introduced stringent conditions in as far as prospecting, pegging, registration of mining claims and ore processing and concentrating and it also states that a licensing authority under any enactment is not authorised to issue a licence concerning any project unless the director-general of the Environmental Management Agency has issued a certificate in respect of the project.
Notwithstanding, Kuruneri submitted, officials in the Mines and Mining Development ministry, with full knowledge of the provisions of the Ema Act, illegally issued prospecting licences, mining licences, and permits to prospective miners in respect of Ascotvale Farm 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.
Kuruneri said her late husband, sometime in 2019, sought a prohibitory 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 licence, permit or certificate in respect of Ascotvale Farm.
“l am advised by the applicant's legal practitioners that the applicant cannot eject the respondents on its farm without a court order as that would amount to self-help and taking the law into one’s own hands.
“ln that regard, the applicant has been left with no option but to approach this honourable court for an eviction order to facilitate the eviction of the respondents from the farm through the sheriff, his deputy or any other authorised officer of the court,” Kuruneri said.
Mlalazi and Ndlovu have, however, opposed the application saying formalities for issuance of their mining licence were followed.
They also argued that they are not affected by the order under HCH8577/19 as all the documents necessary for them to be on the mining claim are in order.
“l was never an illegal occupant on the applicant’s farm. The applicant had two years to challenge my occupation if she thought that my certificate of registration was illegally sought.
“As apparent I started mining activities at the farm sometime in 2009 when my certificate of registration was issued. The law strictly provides as I am advised that, the applicant had two years to challenge my occupation of the mining claim if she felt that my certificate of registration was illegally granted,” Mlalazi responded.
He submitted that he has been renewing his Ema and inspection certificates at every legally defined interval.
“This is denied. My rights to mine were never affected by the order in question, the ruling under HCH106/24 actually cements the position," he said.
Mlalazi further submitted that his mining certificate of registration was never cancelled by the responsible authority or courts.
He said Kuruneri could not evict him when the Mines ministry had not issued any order cancelling his mining certificate.
“l am not illegally on the mining claim as I have my renewed certificate of inspection and environmental impact assessment certificate. Let me hasten to state that, even if l did not have the Ema certificate, my tittle to the mine in question cannot be challenged after more than 2 years of registration,” Mlalazi said.
He said the court should order Kuruneri to pay the costs of the lawsuit.
The matter has been set down for hearing tomorrow at the High Court.
