The High Court of Sierra Leone has ordered Jinshi Mining (SL) Limited to pay NLe 570,000 in outstanding crop compensation to farmers in Mokombay Village, Lower Banta Chiefdom, Moyamba District, in a significant judgement reinforcing the rights of landowners and crop owners affected by large-scale investments under the Customary Land Rights Act 2022.
Delivering the ruling on the 2nd November 2026, Honourable Justice Abdul Rahman Mansaray held that Section 39 of the Customary Land Rights Act, 2022, imposes a mandatory obligation on investors to compensate crop owners for losses resulting from investment activities. The Court ruled that payments made to Paramount Chiefs or other third parties do not fulfil this obligation unless those individuals have been lawfully authorised by the crop owners to receive compensation on their behalf.
The judgment follows legal action supported by Namati Sierra Leone on behalf of crop owners whose farmland was affected by Jinshi Mining’s rutile operations in Mokombay Village.
Jinshi Mining, a Chinese-owned company operating in Moyamba District since 2022, expanded its mining activities into farmland belonging to six villages in Lower Banta Chiefdom in 2024. The expansion resulted in the destruction of crops on which farming families depended for their livelihoods. Although compensation arrangements were agreed upon, affected farmers in Mokombay maintained that they had not received the compensation owed to them. The company acknowledged its obligation to compensate the farmers but argued that it had fulfilled that responsibility by making payments through the Paramount Chief, in accordance with what it described as established customary practice within the chiefdom.
For affected families, the failure to receive compensation had serious consequences. Victor Musa, a farmer, described how the situation had 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,” he said. “Since we haven’t received it, we’ve been unable to pay, and some of our children have been forced to drop out.”
With support from Namati Sierra Leone, the farmers sought judicial intervention to recover their compensation and clarify the legal obligations of investors under the Customary Land Rights Act.
In his ruling, Justice Mansaray rejected the company’s argument that payment through the Paramount Chief constituted compliance with its statutory obligations. The Court emphasised that Section 39 specifically identifies crop owners as the beneficiaries of compensation and does not provide for payment to Paramount Chiefs, chiefdom authorities or other intermediaries without the owners’ authorisation.
“Whenever Parliament legislates upon a subject, any inconsistent customary practice becomes subordinate to the statute,” Justice Mansaray stated.
The Court further observed that permitting investors to fulfil their obligations simply by paying third parties would expose crop owners to the risk of misappropriation, delayed payments or the complete failure to distribute compensation.
“We are very happy with the judgement,” says affected landowner Morie Marju. “It was a real struggle. We were told that we were wasting our time trusting in the process, but Namati came through for us. We are happy.”
The judgment represents a significant affirmation of the authority of the Customary Land Rights Act, 2022, reinforcing its role in protecting the rights and livelihoods of communities affected by large-scale investments. It sends a clear message to mining companies, agribusinesses and other investors that compliance with the Act is a legal obligation, not a matter of discretion or convenience. For Namati, the decision demonstrates the importance of legal empowerment in enabling communities to assert their rights and hold investors accountable, while strengthening the foundation for fairer, more transparent and responsible investment practices across the country.
About Namati Sierra Leone
Namati Sierra Leone works with communities to know, use and shape the laws that affect their lives. Through legal empowerment and advocacy, Namati supports communities in protecting their land and environmental rights and holding institutions and investors accountable.
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