Nyambirai battles to retain Arcturus Mine

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Tarisai Machakaire

BUSINESSMAN Tawanda Nyambirai’s TN Gold Arcturus Mine (Ptv) Ltd is battling to interdict a miner who has encroached onto its premises and is attempting to process the extraction of gold by obtaining an environmental impact assessment certificate.

TN Mine is suing Zvanyadza Pari and the Environmental Management Agency (Ema) and wants them interdicted from proceeding to issue any environmental impact assessment certificate or any approval to Pari or any person or entity acting under her relating to Esperanza 20 in the absence of a properly convened stakeholders consultative process to which it is also invited in writing to attend and lodge its objections.

The court heard among several mining locations consolidated into TN’s mining lease is Esperanza.
However, sometime in 2010 Pari purported to peg and register a block of claims affecting the said Esparanza.

The court heard when Pari pegged over Esperanza it was already registered in favour of Independence Gold Mining Zimbabwe Pvt Ltd, which is TN’s predecessor in title.

“As a consequence and to reverse the illegal pegging over, the acting provincial mining director for Mashonaland East duly issued a notice to first respondent on March 16 of intention to cancel the first respondent’s said certificate of registration in terms of Section 50 (2) of the Mines Act,” TN Mine manager Shingirai Mwanza said.

“Notwithstanding the imminent cancellation of her irregularly issued certificate of registration on July 4, 2020 first respondent convened or caused to be convened at or around Jongwe Farm a purported consultative meeting of stakeholders ostensibly pursuant to her quest to obtain an environmental impact assessment certificate or approval of her mining project at the same over-pegged claims.”

The court heard TN Mine was deliberately excluded from the said meeting and could not lodge its objections.

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