RE: After many years of hard work and discussion with the Zimbabwean Government the matter regarding the release of the historic parcel has now been amicably settled7 Sep 2023 14:42
The appeal by the Ministry .........
The second and third respondents noted an appeal to the Supreme Court. They made a chamber application under SC 230/09 seeking to set aside para 7 of the above order. In SC 1/10 the Supreme Court issued an order effectively setting aside that paragraph. The appeal is, however, still pending in the Supreme Court.
We assert that the following facts were fraudulently concealed by the ACR group:-
The subsidiary companies; Dashaloo Investments (Private) Limited, Possession Investments (Private) Limited, Olebile Investments (Private) Limited, and Heavy Stuff Investments (Private) Limited (“the ACR subsidiaries”) did not exist at the time of the prospecting, pegging and registration of the mining title that is subject of the above matter.
section 20 of the Act provides that only a ‘person’ can be granted a prospecting licence. A ‘person’ in this context refers to a juristic person, so constituted by the act of incorporation, or a natural person;
It is clear that at the time that the Certificates of registration were issued to the ACR subsidiaries, there was no such person to who such certificates could be granted because all mining rights purportedly held by the ACR subsidiaries were acquired between 4 April and 19 June 2006, yet the ACR subsidiaries were incorporated on 29 June 2006 up to 14 July 2006, after the purported issue of the certificates of registration (mining claims);
Further and more importantly, at the time of the ACR group pegged their claims, the Marange area was reserved against prospecting and pegging by virtue of the operation of Reservation Notice 1518 issued on 19 February 2004, which notice was posted on the Notice Boards of the Mining Commissioner’s offices in Mutare and Harare, and recorded in a ‘Reservation Notice Register’.
It is incompetent to acquire mining title through a prospecting licence or the pegging of claims in an area reserved against prospecting and pegging. The ACR group fraudulently concealed the fact of the existence of the reservation from the court and procured the registration of their claims by fraud……….
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