The mining giant successfully appealed the judgement before a three Supreme Court bench led by Justices Tendai Uchena, Hlekani Mwayera and Antonia Guvava.
Falcon Gold was barred after former Mines minister, Winston Chitando filed an application seeking an interdict barring it and Nyamazane Gold (Pvt) from conducting operations 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 handed down recently, the Supreme Court judges said the minister was wrong before slapping him with costs.
“We are satisfied that the respondent acted contrary to the provisions of s 400 (1) (a) of the Act and s 3 of the AJ Act. His cancellation of the first appellant’s claims is therefore ipso facto null and void.
“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,” said the judges.
Falcon Gold was the holder of certificates of registration in respect of the mining claims referred to above.
The said mining claims were given to Nyamazane Gold to work on in terms of a tribute agreement between the parties.
According to court papers, in April 2022 Chitando cancelled Falcon Gold’s certificates in respect of the claims, placing reliance on the provisions of s 400 (1) of the Mines and Minerals Act [Chapter 21:05].
Falcon Gold and Nyamazane Gold then approached the High Court challenging the minister’s decision to cancel the certificates under Case No. HC 2952/22. The application was dismissed on 10 August 2022.
On 15 August 2022, the two noted an appeal to the Supreme Court HH 403-23 HC 4038/23 against the judgment in HC 2952/22.
Source Nehandaradio
