Online Reporter
Nyore Madzianike
Senior Reporter
IMPALA Enterprises, trading as Filibeg Investments, has regained control of Kings Riches 3 Mine in Matobo District after the High Court granted an urgent spoliation order and final interdict against a group of miners accused of violently invading and taking over operations at the claim.
In a ruling delivered by High Court judge Justice Ngoni Nduna, eight respondents — Tracy Nyathi (also known as Tracy Monzeyiwa), Mthokozisi Moyo, Muzikayiso Ndlovu (also known as S’Dudla), Harrea Khumalo, Mbonisi Tshuma, Thabani Tshuma, Khulekani Nyathi and Santokozo Ncube — were ordered to immediately vacate the mining site and restore undisturbed possession to the company.
The court further interdicted the group from coming within 100 metres of the Kings Riches 3 mine boundary, warning that any breach could result in arrest for contempt of court.
The Officer Commanding Zimbabwe Republic Police (ZRP) Matabeleland South Province was cited as the ninth respondent to assist in enforcing the order if necessary.
According to court papers, Impala Enterprises had been in peaceful and undisturbed possession of the mine until January 26, 2026, when Nyathi and the other respondents allegedly descended on the claim and forcibly assumed control of operations.
While the respondents did not dispute entering the mine, they argued that they possessed documentation supporting their claim to the property.
Impala Enterprises, however, maintained that the takeover amounted to unlawful dispossession and constituted an act of self-help contrary to established legal principles.
The company approached the High Court on an urgent basis seeking restoration of possession, arguing that the invasion disrupted operations and undermined the rule of law.
Of the 10 respondents cited, only Nyathi filed opposing papers.
She raised preliminary objections, including claims that Impala lacked locus standi and had filed a defective company resolution.
She also argued that a Judicial Manager should have been joined to the proceedings.
In its judgment, the court emphasised that spoliation proceedings do not determine ownership or competing rights but focus solely on restoring possession to a party unlawfully deprived of it.
Justice Nduna reiterated the long-standing legal principle underpinning the mandament van spolie — spoliatus ante omnia restituendus est — which requires that a dispossessed party be restored to possession before any dispute over rights or ownership is considered.
The court stressed that the remedy exists to prevent individuals from taking the law into their own hands, noting that any party asserting entitlement to property must pursue legal remedies rather than resort to force.
“The applicant’s application succeeds with costs on a higher scale,” ruled Justice Nduna, ordering the respondents to immediately restore possession of mining claim number 35104, known as Kings Riches 3, together with all plant, equipment and vehicles belonging to the applicant.
The ruling further authorised the Deputy Sheriff, with police assistance if necessary, to evict the respondents and ensure compliance with the order.
