HH 266-18 G and W INDUSTRIAL MINERALS (PVT) LTD versus THE SECRETARY FOR MINES AND MINING DEVELOPMENT and Ors

G and W INDUSTRIAL MINERALS (PVT) LTD

versus

THE SECRETARY FOR MINES AND MINING DEVELOPMENT

and

SELDO MINING (PVT) LTD

and

THE PROVINCIAL MINING DIRECTOR-MASHONALAND CENTRAL

 

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE & CHIRAWU-MUGOMBA JJ

HARARE, 15th and 16th May 2018

 

 

 

Civil Appeal

 

S. M Hashiti, for the appellant

P. Macheka, for the 1st and 3rd respondents

E. T Muhlekiwa, for the 2nd respondent

 

            CHIRAWU-MUGOMBA J: The appellant noted an appeal in terms of section 361 of the Mines and Minerals Act [Chapter 21:05] against the decision of the first respondent purportedly acting as a Mining Commissioner in terms of Section 341(2) of the Act, made on the 18th of September 2017 in regard to a boundary dispute between the appellant and the second respondent.

            The grounds of appeal were framed as follows:

  1. That the first respondent erred in law in interpreting the following sections of the Mines and Minerals Act  and therefore failed or neglected to comply with the provisions of the Mines and Minerals Act-
  1. Section 177(3) of the Mines and Minerals Act in terms of which the Appellant has superior rights to those of the 2nd Respondent as its claim was registered in 1998  being 25955 BM on which its plant in Rushinga is located;
  2. Section 31(1)(a)(iv) of the Mines and Minerals Act in terms of which 2nd respondent should not have been permitted to peg and register block 37310 BM on the ground as area was not open to prospecting.
  1. Further, the 1st respondent erred in law in overlooking or ignoring the following pertinent issues, which have a direct bearing on the outcome of the dispute-

 

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2018