Online Reporter
Online Reporter
THE High Court has granted an interim provisional order prohibiting Mark Johnstone and John Farley Pietersen from representing mining company All Aflame Marketing or conducting mining operations at the disputed mining claims in Filabusi.
Allan Dolan and David Easterbrook, who claim to be shareholders in All Aflame, had earlier approached the courts for relief.
Johnstone and Pietersen have a separate court case where they are being accused of using false representations to gain control of All Aflame Marketing and its assets valued at approximately US$30 million.
In his ruling, High Court judge Justice Tawanda Chitapi prohibited the duo from “conducting mining operations, prospecting, mineral extraction, or processing activities of any nature whatsoever upon the 5th Respondent’s mining claims, including the Royal Family Mining Claims, and from removing any gold or other minerals already extracted from those claims which operations can only be conducted by the 5th Respondent”.
It also restrains them from representing themselves in any manner whatsoever as directors, officers, or authorised representatives of the company.
On June 16, Johnstone (58) and Pietersen (66) appeared before Harare magistrate Mrs Jesse Kufa after allegedly using false representations to gain control of All Aflame Marketing company and its assets.
They were granted US$500 bail each and remanded to July 24.
The complainant in the case was DGL Finance Limited, a Mauritius-based company that is the sole lawful shareholder of All Aflame Marketing (Private) Limited through its ownership of 170 ordinary shares.
All Aflame Marketing owns extensive mining claims known as the Royal Family Claims in Filabusi.
The company is represented by its executive director, David Peter Easterbrook, who is a complainant in the matter together with Allan Dolan.
The two men were allegedly unlawfully removed as directors of All Aflame Marketing (Pvt) Ltd.
Prosecutor Mr Lawrence Gangarahwe alleged that Pietersen and Johnstone were applicants in High Court case number HC 5655/25, in which All Aflame Marketing was cited as one of the respondents.
The State alleges that while serving court application documents in the matter, the accused acted in common purpose and deliberately served the papers at 105 Plumtree Road in Bulawayo despite allegedly knowing that the company had relocated its operations to Number 3 Wolverhampton Road, Donnington, Bulawayo.
According to the prosecution, on August 15, 2025, the Sheriff of the High Court issued a return of service indicating that All Aflame Marketing no longer operated from the Plumtree Road address.
Despite this, the accused allegedly represented to the High Court that service had been properly effected.
The State further alleges that the pair were fully aware of the company’s correct address because they had previously served summons in another matter, HCH 3656/25, at the Wolverhampton Road premises.
As a result of the alleged misrepresentation, the matter was treated as unopposed and the High Court subsequently granted a default judgment in favour of the accused.
Prosecutors allege that the order enabled Pietersen and Johnstone to acquire a 57,45 percent shareholding in All Aflame Marketing, prejudicing DGL Finance Limited, Easterbrook and Dolan.
In a second count, the State alleges that the two men later approached the Registrar of Companies armed with a High Court order dated February 5, 2026.
They allegedly misrepresented that Easterbrook and Dolan had resigned as directors on May 13, 2026, and that they were now the lawful owners and directors of All Aflame Marketing.
According to the prosecution, the accused knew that the court order neither stated that the two directors had resigned nor authorised their removal from office.
The Registrar of Companies allegedly acted on the representations and amended company records to reflect Pietersen and Johnstone as directors while removing Easterbrook and Dolan.
The State alleges that the complainants never resigned and that the accused knowingly submitted false information in order to secure control of the company and its mining assets.
As a result of the alleged misrepresentations, DGL Finance Limited, Easterbrook and Dolan suffered prejudice amounting to approximately US$30 million.
