Online Reporter
Fidelis Munyoro
Chief Court Writer
BEIJING Broadtec Investments (Pvt) Ltd has been barred from conducting mining operations at Mukovo 12 Mine in Mashonaland West Province after the High Court ruled that the company’s activities were unlawful and violated the estate of the late Josphat Mutizira.
Justice Philda Muzofa granted a provisional order interdicting the Chinese firm, its employees, agents and assignees from carrying out any mining activities or interfering with the rights of the Mutizira estate.
The order will remain in force until the Minister of Mines determines an appeal lodged in the dispute.
The case was brought before the Chinhoyi High Court by the executor of the estate, Mr Elmon Mutizira, who alleged that on June 27 Beijing Broadtec unlawfully invaded the mine, evicted workers, vandalised equipment and stationed security guards at the site.
In her ruling, Justice Muzofa dismissed Broadtec’s claims that its presence at Mukovo 12 was merely to provide “security.”
She held that the company had no lawful authority to operate under its suspended Exclusive Prospecting Order (EPO).
“If the first respondent is a law-abiding citizen, why would it resist such an order to prohibit activities at Mukovo 12?” she asked.
“It has no mining rights to protect and … no right to post security at Mukovo 12.”
The judge also rejected Broadtec’s attempt to invoke the “dirty hands” doctrine, in which it argued that Mr Mutizira should not be heard by the court because of alleged misconduct relating to mine dumps.
Justice Muzofa found no merit in that claim.
“There are no dirty hands to speak of,” she said. “It is incomprehensible that the first respondent insisted that the applicant must not be heard until he purged his contempt, yet there was nothing to purge.”
Justice Muzofa noted that the balance of convenience favoured the estate, observing that without the court’s protection, Mr Mutizira risked losing valuable equipment to vandalism and minerals to continued unlawful mining by Broadtec.
“The applicant has been at the mining location for over five years and has obviously heavily invested in the mining entity,” the judge said.
“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.”
As a result, all mining operations at Mukovo 12 have been halted pending the Minister of Mines’ final determination.
Online Reporter