A GOKWE community mining syndicate approached the Bulawayo High Court seeking to be joined to a case involving Chinese miners who allegedly encroached in an area where the community has applied for mining rights.
Kabuyuni Mining Syndicate filed an urgent application seeking rescission of a default judgment obtained by Shintan Resources Private Limited, which had been granted rights to mine coal in the area.
The syndicate cited Shintan Resources, Sengwa Colliery (Private) Limited, Brotherhood Minerals (Private) Limited, provincial mining director for Midlands, ZRP Officer Commanding Minerals, Flora and Fauna, and the Mines and Mining Development minister as respondents.
According to court papers, Kabuyuni Mining Syndicate applied for a special grant for coal under application number 10-2025, covering 1 239 hectares in the Midlands province.
The application followed the cancellation of Special Grant Number 849 Sengwa, previously held by RioZim Limited, which was cancelled by the provincial mining director on August 15 last year.
RioZim’s subsequent appeal to the minister was dismissed.
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On August 28, the syndicate filed an application for a special grant for the benefit of the Gokwe community.
However, on October 6, they discovered mining activities taking place within the area formerly covered by the cancelled special grant.
When they inquired about the basis of the operations, they were shown a High Court order issued on October 2 under case number HCBC1101/25, in which Kabuyuni Mining Syndicate was not cited as a party.
The order allowed Shintan Resources and Brotherhood Minerals to continue mining coal pending an application for review of the special grant cancellation.
Aggrieved by the development, Kabuyuni Mining Syndicate sought to have the order set aside, arguing that it was a substantially interested party to the mining location.
Shintan Resources, Sengwa Colliery and Brotherhood Minerals opposed the application, saying the syndicate has no statutory rights over the disputed mining location.
They also contended that a provisional order is not rescindable and that the application was defective.
However, the provincial mining director and the minister did not oppose the application.
After hearing arguments, High Court judge Justice Maison Chivayo ruled in favour of the community syndicate.
“With immediate effect, neither applicant nor all respondents must carry out any mining activities at the mining location which is covered by Special Grant Number 849 Sengwa until this matter is finalised.”
The judge also ordered the police to ensure 24-hour deployment of uniformed police to provide security and ensure compliance with the order.
Justice Chivayo granted the application for rescission and joined Kabuyuni Mining Syndicate to the main matter where it is seeking a review application.