Mnangagwa joined in mine dispute

The High Court has ordered the joinder of President Emmerson Mnangagwa as a respondent in a legal dispute over the Gokwe Sengwa Colliery Mine, following the cancellation of a coal mining special grant and its subsequent reallocation to another company.

The application was brought by Sengwa Colliery (Private) Limited, which argued that the President is the ultimate authority with powers to grant or cancel special mining rights under Zimbabwean law.

The company had cited the Mines minister, the secretary for mines, the Midlands provincial mining director, the Mining Affairs Board, George Mining and Kabuyuni Mining Syndicate as respondents in its court challenge.

Sengwa Colliery held Special Grant No. 849 over the Sengwa coalfields for more than four decades and previously produced about 25,000 tonnes of coal annually between 2003 and 2008. After resuming operations in 2024, the company reported output of over 24,000 tonnes through contracted mining operations.

The dispute arose after the Mines minister issued a notice on August 15, 2024, indicating an intention to cancel the special grant, citing inactivity. Sengwa Colliery later submitted a detailed response outlining ongoing operations, investments and plans to establish two thermal power stations, including engagement with a Chinese investor.

Despite these representations, the grant was cancelled on August 15, 2025. Two months later, a new special grant — No. 10417 — was awarded to George Mining over the same area.

Sengwa Colliery approached the court seeking a declaratory order, arguing that both the cancellation of its grant and the issuance of a new one were legally invalid. It contends that, in terms of Section 305 of the Mines and Minerals Act, only the President has the authority to cancel a special grant, and that the minister and his secretary acted beyond their powers.

George Mining opposed the application, maintaining that there had been no meaningful mining activity on the site and that due legal process had been followed. The company argued that the minister acted with presidential approval and that its own grant was duly authorised by the President following Cabinet recommendation and gazetted in October 2025.

During proceedings, George Mining raised a preliminary legal objection, arguing that failure to include the President as a party rendered the application defective.

However, High Court judge Justice Regis Dembure ruled that while the non-joinder of the President was significant, it was not fatal to the case.

"This court has inherent authority to order the joinder of any person necessary for the determination of all issues before it," the judge said, adding that the law allows the inclusion of "any person," including the President, where necessary.

Justice Dembure emphasised that the governing legislation places the President at the centre of decisions relating to special mining grants, making his inclusion appropriate for resolving the dispute.

The court ordered that the President be formally joined as the seventh respondent, served with the application and given time to file opposing papers. The matter was subsequently removed from the roll, with costs reserved for determination at a later stage.