Agriculture

Mugomba v Rimbo & Others (HH380-16 HC 8811/13) [2016] ZWHHC 380 (29 June 2016);

1

HH380-16

HC 8811/13

 

FRANCIS MUGOMBA

versus

MAYOR RIMBO

and

RIMBO MINERALS (PVT) LTD

and

MINING COMMISSIONER

 

 

 

HIGH COURT OF ZIMBABWE

MATANDA-MOYO J

HARARE, 30 September 2015 & 29 June 2016

 

 

 

Trial

 

 

 

F Chauke, for the plaintiff

F Musihairambwe, for the 1st & 2nd defendants

 

 

This was an application by the plaintiff seeking an order declaring the first and second defendants’ construction of a milling plant and prospecting activities as unlawful, for interfering with the plaintiff’s agricultural activities. 

The first defendant opposed the reliefs sought, on grounds that he was the lawful owner of the mining blocks.

The court first assessed the evidence and concluded that the defendants were not in compliance of the procedures set out under the Mines and Minerals Act, for registering the claims and the subsequent conversion into blocks. The court further held that the defendants failed to show any plan lodged with the Commissioner of Mines, as required under the Mines and Minerals Act. 

Lastly, the court determined whether the land in dispute was cleared on or before the registration of the blocks and whether such land is the only portion, suitable of for farming. After outlining the rights of various parties, the court concluded that the plaintiff had no right to clear the land pegged for mining. However, the court could not make a holding on whether the prospecting operations were interfering with the plaintiff’s agricultural activities. This is because the plaintiff failed to
clarify whether the cleared field was located 450 metres from the principal homestead. The court therefore referred this issue to the Mining Commissioner for investigation and report, according to s 345 of the Mines and Minerals Act.

The court ordered the defendants to stop mining operations without complying with the law and to pay costs.

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