Falcon Gold Zimbabwe Limited & Nyamazane Gold (Private) Limited v The Minister of Mines and Mining Development N.O

SC 99/23

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Case Details

Court

Supreme Court

Date

29 September 2023

Citation

SC 99/23

Neutral Citation

[2023] ZWSC 99

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Guvava JA

Author

Uchena JA

Full Bench

Guvava JAUchena JAMwayera JA

Areas of Law

Administrative lawMining law

Keywords

Mining claims cancellationSection 400(1)(a) Mines and Minerals ActRight to be heardTribute agreementAdministrative justice

Key Issues

{"issue_text":"Whether the court a quo erred in finding that the respondent's decision to cancel the appellants' mining rights in terms of section 400(1)(a) was lawful","issue_type":"law","dispositive":"yes","related_facts":"Appellants had not commenced mining operations; Minister relied on inspection certificates"}
{"issue_text":"Whether the second appellant's right to be heard was infringed by failure to serve it with show cause notice","issue_type":"law","dispositive":"yes","related_facts":"Second appellant held registered tribute agreement; not served with notice"}
{"issue_text":"Whether the respondent cancelled the claims for ulterior motives","issue_type":"mixed","dispositive":"no","related_facts":"Correspondence from Yellow Candy; pending litigation"}

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background

Facts of the Case

Background

The Minister of Mines cancelled Falcon Gold Zimbabwe Limited's mining rights under section 400(1)(a) of the Mines and Minerals Act for failure to declare output after allegedly commencing mining operations. The appellants, including Nyamazane Gold (Private) Limited which held a tribute agreement, challenged the cancellation arguing they had not commenced mining operations and were denied the right to be heard.

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