Online Reporter
The High Court has granted a spoliation order in favour of Duration Gold Limited following the illegal occupation of Vubachikwe Mine by a Filabusi-based man, Moses Langa, alongside alleged accomplice Madodana Sibanda and their syndicate.
Despite consenting to the order before the High Court, the individuals named in the proceedings have reportedly failed to communicate with those occupying the mine to vacate the premises as agreed. As a result, mine owners have yet to regain full control of sections of the property that remain under illegal occupation.
The dispute has taken a tragic turn after an accident last week claimed the life of an illegal miner who had continued operating at the site despite the court proceedings. The deceased, identified as 28-year-old Bright Nkomo, was reportedly crushed to death in a disused shaft, suffering catastrophic injuries.
According to mine officials, the accident occurred amid ongoing unauthorised mining activities allegedly encouraged by Langa and members of his group.
In an unexpected development, typically confrontational relations between illegal miners and mine personnel temporarily eased following the fatal incident, allowing a recovery operation to take place. Mine workers assisted in retrieving the body, providing personal protective equipment (PPE) including gloves, aprons, and a stretcher used to ferry the remains from the shaft.
Mine spokesperson Robert Mukondiwa confirmed the company’s involvement in the recovery effort.
“We provided the necessary protective equipment and logistical support because a human life had been lost,” Mukondiwa said. “Despite the circumstances and the hostility that has characterised the illegal invasion, the company acted in good faith and placed itself at the forefront of the recovery mission. This is rooted in a culture of empathy that is deeply embedded within our organisation.”
Mukondiwa expressed deep sadness on behalf of the mine over the fatality, describing it as a preventable loss.
“It is profoundly tragic that this illegal invasion has culminated in the loss of life. Bright Nkomo’s bright future has been extinguished simply because he was misdirected and heeded an illegal clarion call,” he said. “To those who ordered the invasion, he may be a statistic. But to our managing director Allan Dolan and to everyone at the company, he is Bright Nkomo — a man, a potential future leader lost, a compatriot, a person with a face and a family.”
He added that the company is awaiting decisive action from those who initiated the occupation.
“We eagerly await those who called for the invasion to use whatever platforms are at their disposal to communicate their decision to concede wrongdoing before the courts and to instruct their followers to stand down,” Mukondiwa said.
Duration Gold has welcomed the High Court’s ruling, saying it demonstrates the strength of Zimbabwe’s legal framework and commitment to property rights.
“We pay tribute to the leadership of Zimbabwe and to the judiciary in particular for upholding the rule of law as reflected in this judgment,” Mukondiwa said. “It is unfortunate that this invasion has occurred at a time when the eyes of the world are on African mining during the Africa Mining Indaba in Cape Town. However, this ruling should serve as encouragement to investors that Zimbabwe respects property rights and remains committed to a lawful and secure investment environment.”
The company has indicated it hopes for a peaceful resolution that will restore full operational control while preventing further loss of life.
