Pinkstone Mining (Pvt) Ltd and Others v Lafarge Cement Zimbabwe Limited and Another

The first applicant, Pinkstone Mining (Pvt) Ltd, held mineral rights over mining claims registered in 1996, namely Contrica 9 (Registration Number 23331BM), Contrica 21 (24482BM), Contrica 45 (24866BM), and Contrica 46 (24867BM) in the Pfura Rural District Council area. The third applicant was the holding company of the first applicant. The applicants and first respondent previously had business dealings involving minerals from these claims, but the agreement was not pursued. The first respondent subsequently registered mining claims (Registration Numbers 41334BM and 42332BM) over land that included the applicants' already-registered claims. On 19 February 2018, the applicants became aware through a Herald newspaper article dated 14 February 2018 of the first respondent's intention to carry on mining operations on the disputed claims. The applicants instituted this urgent application within four days, seeking an interdict to prevent the first respondent from mining on their claims. The second respondent (Minister of Mines and Mines Development) indicated through counsel that he would abide by the court's decision.

• Whether the matter was urgent and properly brought on an urgent basis
• Whether the relief sought was competent or final in effect
• Whether the applicants established a prima facie right or clear right to the mining claims in dispute
• Whether the requirements for an interim interdict were satisfied
• Whether the applicants had an alternative remedy through the Mining Commissioner

The application was granted in terms of the draft provisional order as amended, interdicting the first respondent from carrying on mining operations on the applicants' mineral claims and barring the first respondent from coming within two hundred metres of the mining claims pending determination of the matter on the return date.

The binding legal principles established are: (1) In mining law, priority is given to the first in title unless special reasons exist to depart from this principle; (2) Valid certificates of registration and inspection certificates constitute clear evidence of title to mining claims that must be respected unless and until set aside; (3) For an interim interdict, where a clear right is established through documentary evidence of title, the applicant need not establish a well-grounded apprehension of irreparable harm with the same rigor as when only a prima facie right exists; (4) The balance of convenience in mining disputes favors maintaining the status quo where one party has established title and the other party has not yet commenced operations; (5) An order stopping both parties from mining would unduly prejudice a party whose title has not been challenged or set aside.

The court observed that even if the first respondent's suggestion that the applicants failed to maintain their title under s 173 of the Mines and Minerals Act [Chapter 21:05] were correct, the second respondent (Minister) would not have issued the documents of title and inspection certificates if that were the case. The court also noted that the matter of whether special reasons exist to depart from the priority of first-in-title principle was better left for determination on the return date. Additionally, the court commented that the applicants could not be expected to wait until actual mining activities commenced when there was clear evidence of an intention to mine on the disputed claims, suggesting a preventative approach to protecting mining rights is appropriate.

This case is significant in Zimbabwean mining law as it affirms the principle of priority in title to mining claims, establishing that first-in-time registration creates enforceable rights that will be protected by interim interdict against subsequent claimants to the same area. The case clarifies the application of the Watson v Gilson test for interim interdicts in the mining context and demonstrates that holders of properly registered mining claims with valid certificates of registration and inspection are entitled to protection of their rights pending final determination of disputes. It also confirms that where a clear right is established through documentary title, courts will readily grant interim relief to maintain the status quo and prevent irreparable harm to established mining rights.