The High Court has temporarily halted enforcement action by the Environmental Management Agency (EMA) against Arcturus Mine, ruling that halting operations at the gold mine could pose severe operational and structural risks, Mining Zimbabwe can report.
In a ruling delivered in Harare, Justice Maxwell Takuva granted interim relief to TN Gold Arcturus Mine, suspending a stop order and penalty imposed by EMA while the company’s internal appeal within the environmental regulator is being considered.
The dispute stems from an inspection conducted by EMA in September last year, during which the regulator ordered operations at the mine’s Ceylone Open Pit to stop. EMA alleged that the company was discharging water into a natural waterway during its de-watering operations.
TN Gold Arcturus Mine challenged the directive, arguing that the water being pumped from the pit was naturally occurring underground water comparable to borehole water and not contaminated discharge.
The company also maintained that its operations were being conducted under a valid Environmental Impact Assessment licence issued in 2024 and running until July 2026.
In his ruling, Justice Takuva noted that the mine had established a prima facie case warranting protection while the dispute is being resolved. The court heard that the Ceylone Open Pit accounts for about 70 per cent of the mine’s gold ore production, making it central to the operation.
The judge further warned that stopping the de-watering process could cause water to rapidly accumulate in the open pit, potentially destabilising pit walls and creating the risk of collapse.
According to the court, such an outcome would have immediate and potentially irreversible consequences for the mine’s operations.
The court also rejected arguments that the mining company should have first exhausted internal remedies before seeking judicial intervention.
Although the mine had lodged an appeal with the EMA Director-General, the judge noted that the Environmental Management Act does not provide a mechanism to suspend enforcement orders while such appeals are pending, nor does it set clear timelines for their determination.
Justice Takuva ruled that in circumstances where internal remedies do not provide immediate protection from harm, approaching the courts on an urgent basis is justified.
After weighing the competing interests, the court found that the balance of convenience favoured allowing the mine to continue operating. The judge said EMA would still retain its regulatory oversight, while enforcing the shutdown could expose the operation to catastrophic consequences.
The High Court therefore suspended both the stop order and the associated penalty, allowing Arcturus Mine to continue de-watering and mining activities at the Ceylone Open Pit pending the outcome of the regulatory appeal.
