Business Law
I have previously written several articles on mining laws, largely based on the Mines and Minerals Act (Chapter 21:05).
In this article, I cover common disputes over mining boundaries.
Main disputes over mining boundaries
The following are some of the common disputes over mining boundaries:
Encroachment and overlapping mining claims
It is common for miners to clash over boundaries of their mining claims, particularly in gold mining where they mine at different scales.
Such disputes arise from many sources, including unclear or missing beacons, incorrectly placed beacons, outdated maps, or use of incorrect GPS coordinates.
It is also common to find miners trying to manipulate boundaries to have more land to mine on or attempting to access mining areas with better mineral grades, such as high-grade gold ores.
Mining claims versus agricultural land
Disputes over boundaries between mining claims and agricultural or farming land are also common. While miners may intend to prospect, peg claims, and mine, farmers focus on protecting their surface rights, including cultivation, grazing and water usage.
So disputes between miners and farmers are common and will continue.
Artisanal or small-scale pit wars
There are reports that artisanal or small-scale miners, at times referred to as “makorokoza” depending on their true identity, fight over high-yield gold-bearing pits or old shafts.
It has been reported many times that makorokozas would have invaded mining areas that belong to other people.
Government efforts to assist genuine artisanal and small-scale miners to formalise their operations are appreciated and this has had the positive effect of increasing gold production and deliveries.
Resolving disputes over mining boundaries
Disputes vary in extent and complexity. How they are resolved also depends on the complexities involved.
Using survey-grade coordinates to define boundaries
In a boundary dispute, parties have to define the boundaries. Many disputes arise from the use of coordinates based on GPS units.
To curb this, the Ministry of Mines and Mining Development is now pushing for surveying of mining claims, having the surveyed coordinates registered in the cadastral system.
Registered surveyors do the surveying.
Involvement of the Ministry of Mines and Mining Development
The ministry, through the Provincial Mining Director for the area, is quite useful in helping to resolve disputes over boundaries. In my view, it will now be easier with the use of surveyed coordinates.
I am of the view that disputes with farmers can be competently dealt with by involving the Ministry of Lands, Ministry of Agriculture and the local authority for the area.
Use of courts
I am aware of many disputes which parties have taken to Court, such as the High Court, seeking the Court’s intervention over boundary disputes. Some of the remedies sought include declaratory orders and prohibitory interdicts.
Conclusion
Disputes over mining boundaries are common and will forever be there. Parties are encouraged to use their legal practitioners to protect their interests through resolution of disputes over boundaries.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations), MBA (EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. He has extensive experience in industry and commerce and is a former World Bank staffer in the Resource Management Unit. He sits on the Board of the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@ hofisilaw.com or gohofisi@ gmail.com. Visit www//:hofisilaw.com for more articles.-herald
