Source: Court halts Kitsiyatota mining operations – herald
Fidelis Munyoro-Chief Court Reporter
MINING operations in the conflict-ridden Kitsiyatota area of Bindura came to a halt yesterday, following a provincial magistrate’s order aimed at curbing escalating violence and resolving a dispute over environmental compliance.
The order, issued by Magistrate Maria Msika, was the result of an ex parte application filed by miner Lee-Roy Kambasha against Navid Incorporated (Private) Limited, Side Electricals (Private) Limited, Environmental Management Agency, Messenger of Court and Officer Commanding ZRP Bindura.
The magistrate granted an interim interdict stopping all mining and related activities at Kitsiyatota and surrounding claims, including Headgear, Morocco, GMB, Gwingwindi, and Phoenix Prince Mine.
“The first and second respondents, their agents, contractors, and proxies be and are hereby ordered to forthwith stop all mining-related activities upon service of this order until the Environmental Management Agency (EMA) has clarified the extent to which the second respondent’s Environmental Impact Assessment (EIA) certificate applies,” Magistrate Msika ruled.
The court emphasised that the suspension would remain in place until EMA determines the boundaries and scope of the certificate held by Side Electricals. The ZRP Bindura District has been instructed to enforce the ruling.
This decision follows a series of violent clashes between groups allegedly linked to the rival mining companies, which have turned Kitsiyatota into a flashpoint for conflict.
Court records show that in February, Kambasha was injured during a confrontation, leaving him with a broken arm. Despite arrests at the time, the suspects are reportedly out on bail awaiting trial.
Tensions escalated on March 25 when new groups, allegedly tied to Side Electricals, clashed with those already on-site. Property destruction was also reported, including damage to fencing at Freda Rebecca Gold Mine, deepening fears of further lawlessness.
At the heart of the dispute is a disagreement over the applicability of Side Electricals’ EIA certificate to mining claims, particularly within the contentious Phoenix Prince area, where operations have long been marred by conflict over territorial rights.
The magistrate noted the severe risks posed to workers and emphasised the need to prioritise safety while EMA addresses compliance issues.
The court intervention has not been limited to this case. On Tuesday, the High Court dismissed an urgent application by Side Electricals, trading as Botha Mine, which sought to execute a spoliation order pending appeal in a separate dispute with Freda Rebecca Gold Mine.
High Court Judge Gibson Mandaza rejected the plea, stating, “Execution during appeal is not warranted at this stage.” Botha Mine had sought enforcement of an earlier spoliation order despite acknowledging that the matter was still under appeal.
Magistrate Msika’s order to halt activities at Kitsiyatota represents the latest legal attempt to rein in the violence and restore order to a region increasingly consumed by its mining disputes. The court’s ruling now places responsibility on EMA to resolve the underlying compliance issue.
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