GENESIS MINING SYNDICATE
ISAAC PETER MUGUTI (CHIVENDERE)
THE PROVINCIAL MINING DIRECTOR GWERU, N.O.
THE OFFICER COMMANDING ZIMBABWE REPUBLIC
POLICE MIDLANDS PROVINCE
IN THE HIGH COURT OF ZIMBABWE
The applicant sought an interdict whereby the respondents and their agents were ordered to stop milling operations in a specific mining area.
In 2019, the applicant submitted an application for a Special Grant, which was granted by the Ministry of Mines and Mining Development (Ministry). In terms of the Special Grant, the applicant was authorised to carry out mining operations in an area covered by the said Special Grant.
In 2021, the applicant dispatched its employees and heavy machinery to the area to commence mining operations. However, its employees were met and threatened by the respondents’ employees, who claimed that the area had been allocated to them. They could not, however, produce any documentation to this effect.
The court looked at the requirements for the granting of an interdict. Firstly, a prima facie right must be established. Secondly, a well-grounded apprehension of irreparable harm must exist. Thirdly, there must exist no other remedy and, lastly, the balance of convenience must favour the applicant. The court held that the applicant has satisfied all the requirements. It held that the respondents failed to show any lawful right for their interference in the applicant’s mining operations. The order was granted.