Mining claims on Kent Estate declared invalid

Zimbabwe Stock Exchange-listed agro-industrial giant Ariston Holdings Limited has secured a significant legal victory after the High Court struck down mining claims on its Kent Estate in Norton.

In a judgment delivered in Chinhoyi, Justice Philda Muzofa declared two mining certificates issued to Kundai Mining Syndicate invalid, ordering their immediate cancellation.

The dispute involved multiple respondents, including the mining commissioner for Mashonaland West, the secretary for Mines and Mining Development, the minister, the Environmental Management Agency, and the mining syndicate.

At the heart of the case was the legality of mining activities within Ariston's Kent Estate, with the company arguing that the claims were unlawfully issued and threatened its agricultural operations.

The court found that the mining certificates had been granted before the syndicate obtained an Environmental Impact Assessment (EIA) certificate—a mandatory legal requirement under Zimbabwean law.

"An environmental impact assessment certificate is a prerequisite to the registration of a mining claim," Justice Muzofa ruled, adding that any certificate issued without it is "a nullity."

She further emphasised that defects in the issuance process cannot be corrected after the fact, rejecting the syndicate's argument that it had subsequently obtained an environmental certificate.

"There was nothing in the first place to regularise," the judge said.

Government authorities, including mining regulators, had urged the court to adopt a more flexible interpretation of the law. However, the court reaffirmed that lower courts are bound by precedent and must uphold established legal principles.

In a pointed warning, Justice Muzofa also cautioned administrative authorities against aligning with any party in legal disputes.

"It is undesirable for the administrative authority to take sides with litigants," she said.

The court recognised Ariston's legal standing as the rightful landowner, noting that the mining claims would interfere with its operations. A ground survey had previously shown that one of the claims violated required distance regulations from farming activities.

The judgment reinforces a key principle in Zimbabwean law: environmental compliance must precede mining rights. The court affirmed that the Environmental Management Act takes precedence where there is any conflict with mining legislation.

"All legal instruments regulating mining activities must be read together," the ruling stated, "but the Environmental Management Act takes precedence."

The mining commissioner has been ordered to cancel the certificates, while both the commissioner and the syndicate were directed to pay legal costs on a higher scale.

The ruling is being viewed as a landmark decision reinforcing environmental safeguards and the rights of landholders against improperly issued mining claims.