Court evicts miners from Kuruneri's farm

High Court judge Justice Christopher Dube-Banda has ordered the eviction of miners engaged in gold mining activities on Ascotvale Farm in Mazowe, Mashonaland Central, following a legal challenge by Paidamoyo Kuruneri, widow of the late former Finance Minister Christopher Tichaona Kuruneri.

The miners, Sipho Mlalazi and Thabani Ndlovu, had resisted eviction, claiming they held valid mining licenses issued by the Ministry of Mines and Mining Development and the Environmental Management Agency (EMA). However, Justice Dube-Banda ruled in Paidamoyo's favor, stating that their operations were illegal and lacked the necessary environmental impact assessment certificates mandated under the Environmental Management Act.

Paidamoyo detailed in her affidavit that Ascotvale Farm was acquired by her late husband in 1997, and the couple took occupation upon receiving the title deed. In 2002, the Environmental Management Act introduced strict conditions for prospecting, mining, and ore processing, requiring EMA certification for mining projects.

Despite these provisions, Paidamoyo said ministry officials illegally issued licenses to miners without ensuring compliance with environmental regulations. This led to unregulated mining activities on the farm, causing severe environmental degradation.

In 2019, Christopher Kuruneri sought a prohibition interdict against the government to enforce compliance with the EMA Act. The court granted the interdict in 2021 and declared all mining licenses, permits, and certificates on Ascotvale Farm invalid.

In her latest application, Paidamoyo sought to evict Mlalazi and Ndlovu from mining claims on the farm. Mlalazi, who held a claim named Rosary 101, opposed the application, arguing that his mining rights were valid and could not be challenged after two years of registration.

However, Justice Dube-Banda dismissed his arguments, ruling that the absence of EMA certification rendered the mining activities unlawful.

The judge upheld Paidamoyo's application and ordered Mlalazi, Ndlovu, and any associates occupying the mining claims to vacate the property immediately.

"There are no special reasons warranting a departure from the general rule that costs should follow the result. The applicant is entitled to her costs. She sought costs on a legal practitioner and client scale," Justice Dube-Banda stated.

He further authorised the Sheriff of the High Court to enforce the eviction if the respondents failed to comply.

The ruling reinforces the legal requirement for mining operations to adhere to environmental regulations and could serve as a precedent for future cases involving unregulated mining. It also highlights the ongoing conflicts between landowners and miners in Zimbabwe's resource-rich areas.