Sebastin Magodo was mining based on an order that he was
granted in 2020 under Special Grants 7667, 7668, and 7669 situated at Electrom
Farm in Midlands Province.
The area is reserved for a solar power plant.
However, ZPC successfully contested the standing mining
order.
In his ruling, Justice Chinamora said based on the facts
ZPC provided, the former judgement had been rescinded.
“In its submissions, the applicant made a point that it is
the registered owner of Electrom Farm where the special grants were issued,” he
said. “The applicant further submitted that the area where the mining
operations were taking place was reserved for solar power stations and that
there were several open cast mining and shafts.
“I am satisfied by the applicant’s submission that the
question of whether or not the applicant had interest in the matter under HC
4169/20 was resolved by this court under HC 5788/20 which ordered the joinder
of the applicant to the proceedings under HC 4169/20.”
Justice Chinamora said as a result the application for rescission
of default judgment has been granted.
The order granted in HC 4169/20 on 21 October 2020 was also
set aside.
In its application, ZPC cited Magodo, Mines Ministry
Permanent Secretary Onesimo Mazai Moyo, Minister Winston Chitando and the
Midlands Province Provincial Mining Director as the respondents.
ZPC, through its business performance manager, Bernard
Chizengeya, argued that the order had disrupted their plan to set up a solar
power station. Herald
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