Forfeited Mining Claims Revival Struck Off

The Zimbabwe High Court has struck off Korzim Strategic Minerals’ bid to revive forfeited mining claims (image source)

A recent High Court judgment has ended Korzim Strategic Minerals (Pvt) Ltd’s bid to revive mining claims forfeited in 2009, ruling the company’s review application non-compliant with Rule 62(2) of the High Court Rules, 2021 and ordering Korzim to pay the costs of Fourteen Karate Mining Syndicate, the fourth respondent.

Korzim filed the latest review application in March 2025, claiming it only became aware of its claims’ cancellation in April 2024. Justice Priscilla Munangati-Manongwa struck the application off the roll on 15 September, finding that Korzim had exceeded the eight-week window for contesting forfeiture and failed to clearly state the relief sought. In her ruling, Justice Munangati-Manongwa noted that Korzim’s legal team knowingly ignored its 2015 review application, which had been dismissed for want of prosecution, and then fabricated a new timeline to bypass statutory time limits. “The applicant’s conduct showcases deliberate dishonesty,” the judgment reads.

Fourteen Karate’s counsel, Ndumiso Gumede, argued Korzim had full knowledge of the cancellation when it corresponded with the mining commissioner in 2015—an assertion supported by letters submitted as evidence.

“The company was put on notice more than a decade ago,” says mining attorney Langa Mutasa of Zimbabwe Lawyers for Human Rights. “This repeated abuse of court processes undermines confidence in our judicial system and wastes scarce public resources.”

Korzim’s claims were originally cancelled after a 2009 investigation by the Mashonaland Central provincial mining directorate revealed the company had pegged grounds not open for prospecting. Under Section 32 of the Mines and Minerals Act [Chapter 21:05], unqualified claims are automatically forfeited if the pegging process violates open ground requirements. Claimants must appeal to the minister within 30 days of notification; Korzim neither appealed nor sought condonation until 2015.

Fourteen Karate Mining Syndicate, which legally holds the contested claims, now secures finality. Syndicate chairperson Michael Chikore welcomed the ruling:

“After 15 years of uncertainty, this judgment affirms that Zimbabwe’s mining regulations are sacrosanct.”

Zimbabwe’s small-scale mining sector has seen a surge in claim disputes since the 2016 indigenisation reforms, which encourage local participation but have complicated claim validation. According to the Mines and Mining Development Ministry’s 2024 annual report, disputes over more than 200 forfeited claims remain unresolved, tying up nearly US $50 million in potential mineral production.

Critics argue the ministry lacks transparent claim-registry systems, leading to overlaps and costly legal battles.

“A digital register could eliminate boundary disputes,” suggests an economist at the University of Zimbabwe. “Clarity reduces litigation and unlocks investor confidence.”

Rule 62(2) of the High Court Rules, 2021 requires review applications to specify precise relief and be filed within eight weeks of the contested decision. Failure to comply “renders the application incompetent,” the court held. Applicants aware of earlier proceedings must disclose prior applications; non-disclosure is considered misleading the court.

Under Section 180 of the High Court Act [Chapter 7:06], the court may strike off and bar future filings if an applicant abuses process. Fourteen Karate’s lawyers urged the court to invoke these sanctions, warning that leniency would embolden further vexatious applications. Korzim has 14 days to petition the Supreme Court for leave to appeal. Industry insiders doubt the chances of success given the clear breach of procedural rules. Nonetheless, Korzim director Angela Tsaurai insists the company will explore “all available legal avenues” to protect its investment.

The Mines Ministry is under pressure to accelerate digitisation of claim registers and streamline appeals. A parliamentary portfolio committee on mines is due to host stakeholders on 25 September to propose reforms. Observers will watch whether policymakers seize this moment to reduce litigation and bolster Zimbabwe’s mining competitiveness.