Online Reporter
THE High Court has put an end to the long-running corporate and legal battle over the shareholding, directorship and operational control of All Aflame Marketing (Private) Limited, the registered holder of the lucrative Royal Family mining claims in Filabusi, Matabeleland South.
In a ruling that bars businessmen John Farley Pietersen and Peter Mark Johnstone from presenting themselves as directors or conducting mining operations, Justice Tawanda Chitapi criticised the pair for “brazenly” taking the law into their own hands and “wantonly, by stroke of a pen, effecting changes to the directorship and shareholding of the company”.
Background to the dispute
The court’s ruling follows a protracted legal battle that began when Pietersen and Johnstone removed David Peter Easterbrook and Allan Brent Dolan as directors, relying on a default order that declared them majority shareholders holding 57,45 percent of All Aflame Marketing.
That order also nullified the earlier share certificate held by DGL.
Easterbrook and Dolan challenged the default order, arguing that DGL Finance Limited was never cited in the proceedings and that court papers were allegedly served at the company’s former Bulawayo address — more than a year after the registered office had officially relocated.
Pietersen and Johnstone had moved to oust Easterbrook and Dolan, who had been registered as All Aflame Marketing’s directors since 2021 and 2024, respectively.
A CR 6 form was subsequently filed with the Registrar of Companies, purporting that the two had resigned and that Pietersen and Johnstone had replaced them.
Provisional order granted
DGL Finance Limited, All Aflame Marketing, Easterbrook and Dolan fought back, and in June this year, Justice Chitapi granted an urgent provisional order interdicting Pietersen and Johnstone — and anyone acting through them — from representing themselves as directors of All Aflame
Marketing and barring them from conducting any mining activities on the Royal Family claims pending finalisation of the dispute.
Advocate Thabani Mpofu, appearing with Admire Rubaya for Easterbrook and Dolan, argued that the order had been granted in error and that once an error is established, the order ought to be set aside.
It was their contention that the claim that they had resigned from their positions was a falsehood.
Permanent interdict confirmed
Following the hearing of consolidated matters to determine whether to confirm the interdict and settle the rightful ownership and control of the Filabusi claims, the High Court has now permanently interdicted Pietersen and Johnstone from representing themselves as directors of the company.
The judge also rescinded the default judgment which had made them directors, barred them from mining activities, and ordered them to vacate the premises — failure of which the Sheriff’s services will be employed.
The court declared that service of papers was improper, as Pietersen and Johnstone had knowledge that the opposing side had vacated their premises.
The judge further found that the purported removal of Easterbrook and Dolan as directors was a nullity, as there was no evidence of their resignations.
“I am satisfied that in casu, there was no service of the application as required by the law. The court could not have granted the order had it been aware that the applicants, who were the respondents in that matter, had not been served. In these circumstances, the default judgment cannot stand,” Justice Chitapi said.
Court slams conduct, awards costs
The court further condemned the two businessmen’s conduct and slapped them with costs.
“Their reprehensible conduct ought to be frowned upon. As I found in HCH 2600/26, they clearly snatched at judgment and unreasonably sought to cling to it,” the court said.
“Not only have they unreasonably sought to cling to a judgment obtained in these circumstances, but their argument that it was the domicilium was completely unmerited and, in fact, dishonest. One cannot simply purport to serve even at a domicilium where he knows the respondent is no
longer there. They have unnecessarily wasted the court’s time and caused the applicants to incur unwarranted costs.”
Implications for third parties
The order also affects operations by Zuo Wenzhong and Generous Resources, who are operating from All Aflame and have also been ordered to vacate the premises forthwith, with the court declaring All Aflame the sole owners of the mine.
“It is declared that the first applicant, All Aflame Marketing, is the sole and lawful holder of the mining claims, located in Filabusi, Matabeleland South Province,” added the court.
“It is declared that the first respondent, John Farley Pietersen, has no lawful right to conduct any mining or mining-related activities on the mining claims, outside the scope of the joint venture agreement.
“The first respondent, and all those claiming occupation or right through him, are ordered to immediately cease and desist from all mining and mining-related activities on the applicant’s mining claims. In the event that the fourth respondent, the fifth respondent and all other persons claiming occupation through the first respondent fail to vacate the said mining claims, the Sheriff of Zimbabwe, or his lawful deputy, is authorised and directed to take all necessary steps to evict them from the property.”
The ruling ends a chapter of corporate intrigue that had threatened operations at the Filabusi site.
