Online Reporter
Fidelis Munyoro-Chief Court Writer
Beijing Broadtec Investments (Pvt) Ltd has been barred from mining operations at Mukovo 12 Mine in Mashonaland West Province following a High Court order that declared the company’s actions unlawful and in violation of the estate of the late Josphat Mutizira.
Justice Philda Muzofa issued a provisional order interdicting the Chinese company, along with its employees, agents, and assignees, from carrying out any mining activities or interfering with the estate’s rights.
The order remains in effect pending the determination of an appeal filed with the Minister of Mines.
“The applicant has been on the mining location for over five years and has obviously heavily invested in the mining entity,” said Chinhoyi High Court judge, Justice Phildah Muzofa.
“Even if there are no mining rights since they were suspended, in my view, the applicant still has the residual rights to protect its interests in the property.”
The court heard that the executor of the estate, Mr Elmon Mutizira, approached the High Court after Beijing Broadtec allegedly invaded Mukovo 12 on June 27, evicted workers, vandalised equipment, and stationed guards at the site.
Justice Muzofa dismissed Broadtec’s claims that its presence at the mine was for “security purposes,” ruling that the company lacked any lawful authority under its Exclusive Prospecting Order (EPO).
“If the 1st respondent is a law-abiding citizen, why would it resist such an order to prohibit activities at Mukovo 12?” the judge asked.
“It has no mining rights to protect and… no right to post security at Mukovo 12.”
The court also rejected Broadtec’s invocation of the “dirty hands” doctrine, which sought to disqualify Mr Mutizira’s application on grounds of alleged misconduct involving mine dumps.
Justice Muzofa ruled that there was no merit to the accusation.
“There are no dirty hands to speak of. It is incomprehensible that 1st respondent insisted that the applicant must not be heard until it purged its contempt, yet there was nothing to purge.”
The judge found the balance of convenience favoured the estate, noting that without the interdict, Mr Mutizira risked losing equipment to vandalism and the value of minerals to continued mining activities by Broadtec.
The order halts all operations at Mukovo 12 until a final decision is made by the Minister of Mines.
