Court says Chinese miner can mine, but can’t evict farm holder in Hurungwe

A Chinese national, Wang Lei, has been granted a final interdict by the High Court barring Davidson Goremusandu from interfering with his mining operations at Kasiga Hills in Hurungwe.

Justice Catherine Bachi-Mzawazi, however, declined to grant an order evicting Goremusandu from the property, recognising his rights as an offer letter holder.

The case stemmed from a dispute over mining rights at Kasiga Hills.

Wang Lei, who holds a prospecting license and a mining registration certificate for a 149-hectare block named Kasiga A1, argued that Goremusandu, the holder of an offer letter for the farm, was infringing on his mining rights.

Goremusandu contested the validity of Wang Lei’s claims, arguing that he lacked citizenship and that there were unresolved disputes regarding boundaries and the allocation of land within the property.

The court found that Wang Lei had established a clear right to mine at Kasiga A1 through his prospecting license and mining registration certificate.

The judge also dismissed Goremusandu’s argument regarding citizenship, stating that permanent residency, which Wang Lei possessed, was sufficient under the Mines and Minerals Act.

The unresolved disputes over boundaries and land allocation, however, were deemed outside the scope of the current application.

The court advised Goremusandu to pursue those matters with the relevant authorities, namely the Ministry of Mines and Mining Development and the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development.

While the final order prevents Goremusandu from interfering with Wang Lei’s mining operations, it does not grant him exclusive rights to the mining claim. The court emphasised that such a decision lies with the aforementioned government ministries.

“Whilst the court is of the view that it can confirm the order barring the first respondent from interfering, disturbing or interrupting with the mining operations of the applicant at Kasiga A1 Kasiga Hills it cannot order the first respondent to vacate his property, as he is a valid offer letter holder.

“The court can neither usurp the functions of the second to third respondents by declaring exclusive rights of those mining claims to applicant. This is the terrain of the said respondents who have the prerogative to confirm or revoke such rights in terms of the governing Act.

“There is no justification in higher costs as each party has the right to argue its matter in court,” Justice Bachi-Mzawazi noted.

“A final interdict barring the first respondent from interfering, disrupting and disturbing all the mining operations and activities of the applicant in his 149 Tungsten Mining block at Kasiga A1, Kasiga Hills is hereby granted. Each party to pay its own costs.” the judge ruled.