THE Bulawayo High Court has ordered halting of operations at a mine in Matabeleland North province and referred the dispute between the parties to the mining commissioner.
BY SILAS NKALA
The order by High Court judge Justice Nicholas Mathonsi followed an application by a Bulawayo-based mining syndicate, Easy Cash, which had sued Cary Mine Complex, Mines minister Walter Chidakwa and the police over the invasion of its mine.
In its urgent chamber application, Easy Cash had cited Carry Mine Complex (Pvt) Limited, Matabeleland North provincial mining director, co-ordinator police minerals and border control and Chidakwa as respondents.
Justice Mathonsi upheld the application saying the syndicate was the registered owner of Area 1090 under special grant 5968 and Carry Mine had no lawful right to disturb its operations.
“Pending the confirmation of the provisional order, the applicant (Easy Cash) be and is hereby granted the relief of all mining activities on Area 1090 which was under special grant 5 968 issued in favour of the applicant . . . the respondents are hereby interdicted pending the resolution of the dispute by the mining commissioner,” Justice Mathonsi ruled.
“The dispute between the applicant and the 1st respondent is hereby referred to the mining commissioner.”
The syndicate had submitted it was granted the mining rights under special grant to mine Area 1090 Matabeleland North, but Carry Mine was interfering in its activities, while the mining director, police and the minister were reluctant to stop the firm from invading the claim.
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In a founding affidavit representing the syndicate, Wellington Nyoni said they were seeking an interim interdict suspending all mining activities conducted by Carry Mine in the area granted to them under special grant number 5 968.
“On March 5, 2015 applicant had a special grant issued in its favour by the fourth respondent (minister). The mining rights were over area number 1090 in the mining district of Matabeleland North. Applicant has been mining on the said area since issuance of the special grant in its favour without disturbances from first respondent (Carry Mine)…,” Nyoni said.
“On April 7, 2017, applicant’s employees were approached by first respondent’s employees who challenged applicant’s presence and mining activities on the area.
“On April 8, 3rd respondent (police) sent officers to applicant’s mining site with a letter from second respondent (provincial mining director).”
