MASUMBA v TSHAYANA & ORS

HIGH COURT, BULAWAYO

[Urgent Chamber Application HB 172-16]

June 21 and 23, 2016

MATHONSI J

Appeal  –  Jurisdiction  –  Directed to a tribunal with no appellate jurisdiction  –  Such appeal a nullity.

The first respondent purported to appeal a decision of the Mining Commissioner to the Secretary for Mines. The Secretary for Mines did not, on the facts, have appellate jurisdiction.

Held, an appeal directed to a tribunal with no appellate jurisdiction is a nullity. Mazuva v Simbi & Anor; Simbi v Mazuva 2011 (2) ZLR 319 (H) affirmed and followed.

Case cited:

Mazuva v Simbi & Anor; Simbi v Mazuva 2011 (2) ZLR 319 (H), affirmed and followed

Legislation considered:

Mines and Minerals Act [Chapter 21:05], ss 31, 341 (2), 361

T Zishiri, for the applicant

First respondent in person

L Musika, for the second and third respondents

MATHONSI J:

A mining dispute arose between the applicant and the first respondent because the applicant has been carrying out mining operations on his mine known as Belingwe Star 40 mine registration number 13185 located somewhere next to a farm where the first respondent is farming. The dispute arose not because of clash of activities between the first respondent’s farming exploits and the applicant’s mining operations but because the farmer located a tuck shop within the mining boundaries of Belingwe Star 40 mined by the applicant.

The dispute was referred to the Mining Commissioner who issued a determination on 2 June 2015 in favour of the applicant. The first respondent appealed against that determination to the Secretary for Mines and Mining Development who issued a memorandum dated 11 March 2016 cancelling the certificate of registration of the mining claim belonging to the applicant. I say that because the results were communicated to the two antagonists by letter of the Provincial Mining Director, Midlands Province dated 27 April 2016. It reads:

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