Sierra Leone High Court Upholds Customary Land Rights Act, Orders Mining Company to Pay €570,000 in Compensation

The High Court of Sierra Leone has ruled in favour of farmers in Mokombay Village, Moyamba District, ordering Jinshi Mining (SL) Limited to pay NLe 570,000 in unpaid crop compensation. This decision, delivered by Honourable Justice Abdul Rahman Mansaray on 2 November 2026, reinforces the rights of landowners under the Customary Land Rights Act 2022. The ruling clarifies that investors must compensate crop owners directly for losses caused by their activities.

The court's judgement follows a legal case supported by Namati Sierra Leone, representing farmers affected by Jinshi Mining's rutile operations. In 2024, the Chinese-owned company expanded its mining activities into farmland belonging to six villages in Lower Banta Chiefdom, destroying crops vital for local families' income. Although compensation was initially agreed upon, farmers in Mokombay claimed they never received it. Jinshi Mining contended they had fulfilled their obligation through payments made to the Paramount Chief.

The High Court dismissed the company's defence, stressing that crop owners must be the direct recipients of compensation. Justice Mansaray stated that customary practices cannot override legislative mandates, adding that allowing third-party payments could lead to misappropriation and delays for the crop owners. This judgement underscores the authority of the Customary Land Rights Act, reinforcing its importance in safeguarding community rights against large-scale investments.

The lack of compensation has severely impacted affected families. Victor Musa, a farmer, explained how it disrupted children's education: "Our children's education has been at a standstill for months because we were relying on that money to pay school fees. Since we haven't received it, we've been unable to pay, and some of our children have been forced to drop out." This situation highlights the far-reaching consequences of Jinshi Mining's actions on local communities.

Morie Marju, an affected landowner, expressed relief at the ruling: "We are very happy with the judgement. It was a real struggle…Namati came through for us." The judgement sends a clear message to investors about their legal obligations under the Customary Land Rights Act 2022. It also highlights the vital role of legal empowerment in helping communities assert their rights and demand accountability.

The Customary Land Rights Act 2022, specifically Section 39, stipulates that investors are required to compensate crop owners for losses caused by their activities. The Court clarified that payments to Paramount Chiefs or other third parties do not meet this obligation unless explicitly authorised by the crop owners. This ruling sets a precedent for future cases involving large-scale investments and community rights.

The High Court's decision is a significant milestone in the protection of community rights in Sierra Leone. It demonstrates the government's commitment to upholding the Customary Land Rights Act 2022 and ensuring that investors respect the rights of local communities. The ruling also underscores the importance of legal support and empowerment for communities affected by large-scale investments.

Key points

• The High Court of Sierra Leone has ordered Jinshi Mining (SL) Limited to pay €570,000 in compensation to Mokombay farmers for crop damages.
• The judgement reinforces the rights of landowners under the Customary Land Rights Act 2022, clarifying that investors must compensate crop owners directly for losses caused by their activities.
• The ruling sets a precedent for future cases involving large-scale investments and community rights in Sierra Leone.