The High Court has declared two mining claims held by Kundai Mining Syndicate at Kent Estates in Norton null and void after finding they were issued without the required Environmental Impact Assessment certificate.
In a judgment delivered in Chinhoyi, Justice Philda Muzofa ruled in favour of Ariston Holdings Limited, an agricultural enterprise operating at Kent Estates, which had sought a declaratory order cancelling the mining certificates.
The dispute centred on certificates of registration for mining claims known as Kent 1 and Kent 2, issued to the syndicate by the Mining Commissioner for Mashonaland West Province. Ariston Holdings argued that the certificates were unlawfully granted because the miner had not obtained an EIA certificate prior to registration, as required under environmental law.
The court found that although the mining syndicate later acquired the EIA certificate and only commenced mining activities after doing so, this did not cure the initial defect. Justice Muzofa held that the law requires an EIA certificate to be obtained before the issuance of a mining registration certificate, making it a prerequisite rather than a formality that can be regularised later.
“A nullity remains a nullity,” the judge said, adding that courts cannot validate processes conducted in violation of the law.
Related Stories
The ruling relied on established Supreme Court precedents, which have consistently held that an EIA certificate must be obtained before the granting of mining rights. The court rejected arguments by the mining syndicate and government authorities that subsequent compliance could legitimise the certificates.
A ground survey conducted during the proceedings found that one of the claims, Kent 1, also violated statutory distance requirements from farming activities, a point conceded by the mining syndicate. However, the judgment ultimately addressed the legality of both claims, concluding that each was invalid due to the absence of prior environmental approval.
Justice Muzofa emphasised that environmental legislation takes precedence where there is a conflict with mining laws, and that all regulatory frameworks must be read together.
The court also criticised the conduct of the administrative authorities, noting that they should remain neutral in litigation and assist the court with factual clarity rather than align with one party.
In its final order, the court declared both certificates of registration void and directed the Mining Commissioner to cancel and remove them from the official register. The Mining Commissioner and Kundai Mining Syndicate were ordered to pay legal costs on a higher scale.
Leave Comments