Zimbabwe Court Rejects Urgency Claim, Clears Way for Export of Marange Goods

The High Court in Zimbabwe ruled yesterday (Monday) that the government can start selling diamonds mined from claims belonging to Africa Consolidated Resources’ (ACR) in the Chiadzwa diamond fields, reports The Herald.

Justice Bharat Patel reportedly dismissed, with costs, an ACR application filed on April 9, which sought an interim order prohibiting the Minerals Marketing Corporation of Zimbabwe, the Zimbabwe Mining Development Corporation, Mbada Diamonds (Pvt) Ltd and Canadile Miners from selling the diamonds mined from the disputed Chiadzwa diamond fields.

In his ruling, Justice Patel said that while ACR had failed to meet the High Court’s requirements of urgency, the exploration company could be compensated for any losses they might incur through the sale of the diamonds in the event ACR succeeds on appeal.

Justice Patel also said that ACR’s declared urgency of application “fell away” because it had been based on an intended visit by the Kimberley Process Certification Scheme monitor, Abbey Chikane, who was scheduled to arrive between April 6 and 8. However, Chikane did not visit on the anticipated dates, reports The Herald.

"In the instant case, the applicants seek to secure the safe custody of all diamonds mined from the claims pending the appeal in the Supreme Court. Assuming the validity of their title to the disputed claims, it seems to me that the harm that they apprehend is purely pecuniary and not such as to be deemed irreparable," Justice Patel was quoted saying.