Online Reporter
Fidelis Munyoro
Chief Court Reporter
REAJIN Enterprises (Pvt) Ltd secured a legal lifeline after the High Court temporarily stayed the enforcement of a US$875 667 restitution order against the gold mining firm.
This order, stemming from its conviction for the theft of gold ore, has now been put on hold, granting the company a reprieve while it awaits the outcome of its appeal.
The ruling offers a glimmer of hope for Reajin Enterprises as it fights to overturn the conviction and reclaim its standing in the industry.
Justice Happias Zhou granted the urgent chamber application, citing the need for “real and substantial justice.”
Reajin Enterprises was convicted by the Mutoko Magistrates Court under theft provisions in the country’s criminal and mining laws.
The sentence ordered the company to pay a US$3 000 fine and restitute US$875 667,67 to the complainant.
Additionally, the court ordered the return of a residue dump, believed to contain gold ore, to the complainant.
Failure to comply would trigger the attachment and sale of Reajin’s assets by the Messenger of Court.
After the conviction, Reajin appealed both the verdict and sentence, but the Magistrates’ Court dismissed its application for suspension of the sentence pending appeal.
With execution set for October 30, 2025, Reajin turned to the High Court, arguing that the enforcement of the sentence would render any favourable appeal outcome meaningless.
Justice Zhou dismissed the respondents’ objections in limine, including claims that the matter was not urgent.
He ruled that Reajin had acted expeditiously, filing the urgent application more than two weeks before the scheduled execution.
“The requirement to act expeditiously does not mean that a litigant has to abandon everything in the world in order to litigate,” Justice Zhou said.
“It simply means that the party should not wait for the arrival of the day of reckoning in order to act.”
The judge also rejected arguments that the relief sought by Reajin was inconsistent, unlawful, or incompetent.
He clarified that the interim relief merely sought to suspend the execution pending a final determination of whether the appeal had automatically stayed the sentence.
Justice Zhou emphasised that the relief sought in this urgent application differed from the issues raised in the appeal.
In addressing the merits, Justice Zhou examined the potential consequences of allowing the execution to proceed before the appeal is resolved.
He noted that the enforcement of the restitution order could lead to the irreversible sale of company assets and the disposal of the residue dump.
“If the appeal succeeds when property of that value has already been attached and sold, the reality is that the property will not be recovered,” he said.
He added that the residue dump, if processed or sold to third parties, would be impossible to restore to Reajin.
Weighing the balance of harm, Justice Zhou concluded that halting the execution would preserve the status quo without prejudicing the respondents, who could still enforce the order if the appeal ultimately failed.
“Real and substantial justice clearly dictates that the enforcement of the order be suspended until the appeal has been finalised,” he said.
The court granted a provisional order staying the execution of the restitution and fine.
The case will now proceed to a final determination on whether the noting of the appeal automatically suspended the sentence. Each party was ordered to bear its own costs for the urgent application.
Justice Zhou underscored the High Court’s inherent discretion to intervene in execution matters.
Quoting precedent, he said, “The court has an inherent power to control its own process and procedures… It will act where real and substantial justice so demands.”
The decision offers Reajin Enterprises a reprieve as it awaits the resolution of its appeal, a ruling that could have significant implications for the company’s survival and the administration of justice in criminal restitution cases.
