RioZim Limited and Sengwa Colliery (Private) Limited v Labenmon Investments (Private) Limited and The Minister of Mines and Mineral Development and The Provincial Mining Director (Matabeleland North)

Key Issues

• {"issue_text":"Whether the matter is urgent given that applicants became aware of mining operations in July 2023","issue_type":"procedural","dispositive":"no","related_facts":"Applicants knew of operations in July 2023 but continued engaging authorities until September"}
• {"issue_text":"Whether the resolution attached to founding affidavit is valid","issue_type":"procedural","dispositive":"no","related_facts":"Resolution does not state when directors' meeting was held"}
• {"issue_text":"Whether separate resolution is required for second applicant","issue_type":"procedural","dispositive":"no","related_facts":"Second applicant is wholly owned subsidiary of first applicant"}
• {"issue_text":"Whether alternative remedy exists through Minister of Mines","issue_type":"procedural","dispositive":"no","related_facts":"Applicants could have approached Minister for relief"}
• {"issue_text":"Whether applicants have locus standi to institute application","issue_type":"procedural","dispositive":"no","related_facts":"Area belongs to Minister of Mines but applicants have recognized rights"}
• {"issue_text":"Whether affidavit is based on hearsay evidence","issue_type":"procedural","dispositive":"no","related_facts":"Deponent is Exploration Surveyor relying on investigation report"}
• {"issue_text":"Whether applicants have established prima facie right to the area","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants hold first option right and special grant over area"}
• {"issue_text":"Whether first respondent can mine different mineral than applicants","issue_type":"law","dispositive":"yes","related_facts":"First respondent claims to mine graphite, applicants mine coal"}

Background