Bulawayo – The High Court of Zimbabwe has cancelled a gold mining certificate issued to MMP Mining Syndicate after ruling that it was granted in violation of the Mines and Minerals Act.
Justice Evangelista Kabasa declared the certificate of registration, issued on January 24, 2025, null and void after finding that mandatory legal requirements were not followed.
The certificate, registered under number 35304 for a mining block known as Bamara 135 in Zhombe, Midlands Province, had been issued by the Provincial Mining Director for Midlands. Ruled Justice Kabasa:
“The decision of the Provincial Mining Director in issuing MMP Mining Syndicate with gold mining title is hereby declared unlawful and a nullity.”
Failure To Obtain Written Consent
The application was brought by Mr Charles Masvimbo, a village head and communal landholder in Masvimbo Village, Ward 9, under Chief Gwesela in Zhombe.
Mr Masvimbo argued that the mining syndicate failed to obtain his written consent before registering the mining block, a legal requirement under Section 31 of the Mines and Minerals Act when prospecting or pegging on communal land measuring less than 100 hectares.
The court heard that Mr Masvimbo has occupied and farmed the land since the 1990s. In 2023, he discovered gold deposits on the property and began steps to register a claim with his brothers under Peace Mining Syndicate.
However, the registration process was delayed due to an Exclusive Prospecting Order (EPO) previously held by Rio-Zimbabwe. When the EPO was lifted in 2025, he discovered that MMP Mining Syndicate had already secured registration over the same land.
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Court Findings
A report compiled by the Provincial Mining Director following a site inspection confirmed that the land in question measured less than 100 hectares and that no written consent had been obtained from Mr Masvimbo.
Justice Kabasa emphasised that Section 31(1)(g)(ii) of the Act is mandatory. She said:
“No person shall prospect or peg upon communal land under 100 hectares without the written consent of the occupier.”
The court dismissed arguments by MMP Mining Syndicate and second respondent Mr Abednego Tawanda Makuvire that consent from the Rural District Council was sufficient.
The judge ruled that occupation of communal land grants enforceable rights of use and possession, making the occupier’s written consent a legal necessity. Ruled Justice Kabasa:
“The evidence before the court establishes that the applicant is the occupier of the land in question, and the land measures less than 100 hectares. Accordingly, the registration was done in contravention of the Act.”
Order Issued
The High Court ordered the Provincial Mining Director to cancel the certificate issued to MMP Mining Syndicate and awarded costs in favour of Mr Masvimbo.
The applicant was represented by Masvaya Law Chambers, while Mandipa, Makwara and Chikukwa acted for the first and second respondents. The Civil Division of the Attorney General’s Office represented the remaining respondents.
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