GOLD mining giant, Falcon Gold, has won an appeal at the Supreme Court against a High Court judgement barring it from carrying out mining operations at 11 of its gold claims.
Falcon Gold was barred after then Mines minister Winston Chitando filed an application seeking an interdict against its mining activities at the disputed mines.
The mines were identified as Antelope East 2, Antelope 9, Antelope East Extension, Antelope East Extension 2, Antelope East, Antelope 2, 3, 4, 5, and 6, and Antelope 11.
In their ruling, Supreme Court judges of appeal Justices Tendai Uchena, Hlekani Mwayera and Antonia Guvava said the minister had erred before slapping him with costs.
“We are satisfied that the respondent acted contrary to the provisions of s400(1)(a) of the Act and s3 of the AJ Act. His cancellation of the first appellant’s claims is, therefore, ipso facto (by that very fact or act) null and void,” they said.
“We are, therefore, satisfied that the appellants have made out a case for the relief that they sought. There is no reason why costs should not follow the result.”
Falcon Gold was the holder of certificates of registration in respect of the mining claims.
The said mining claims were given to Nyamazane Gold to work in terms of a tribute agreement between the parties.
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According to court papers, in April 2022, Chitando cancelled Falcon Gold’s certificates in respect of the claims.
Falcon Gold and Nyamazane Gold then approached the High Court, but their application was dismissed.
They then appealed to the Supreme Court.