Court takes away Marange claim from ACR

The Zimbabwean High Court has overturned a judgment giving mining rights at the Marange fields to British firm African Consolidated Resources. This clears the way for the military junta to freely run mining operations in the area.

ACR has meanwhile said it will immediately appeal to the Supreme Court against the rescission adding that the appeal should have the effect of suspending the judgment. The company bought the claim De Beers in March 2006 but was evicted at gun point in October of that year by the army.

Its reported pro Mugabe judge, Justice Charles Hungwe ruled that ACR had concealed important information in the September 2009 case that its subsidiaries were not yet registered at the time of obtaining the mining rights.

“Only a person can be granted a prospecting license. Since none (of the subsidiaries) was incorporated, there was no person to release a certificate of mining,” Hungwe said. He concluded that ACR’s subsidiaries were guilty of fraud through misrepresentation.

Hungwe also noted that the Marange area had been reserved against prospecting at the time that ACR sought the mining claim which was displayed at the Mining Commissioners’ notice board.

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