High Court Blocks Immediate Return of Disputed Bindura Mine Sites

The High Court has dismissed an application by Ouro Tanque Private Limited seeking immediate control of disputed mining sites in Bindura pending an appeal by Freda Rebecca Gold Mine Limited.

The ruling marks the latest twist in a growing legal battle involving allegations of illegal occupation, fencing of mining land and police involvement at the contested gold mining sites.

In a judgment delivered on 8 May, Justice Siyabonga Paul Musithu ruled that Freda Rebecca’s appeal to the Supreme Court had reasonable prospects of success and that key factual disputes surrounding the exact location of the disputed mining claims still needed to be resolved.

The dispute stems from claims by Ouro Tanque that it was forcibly removed from five mining claims at a Bindura site in February this year.

The company argued that Freda Rebecca had fenced off the area, deployed security guards and worked with police officers to block access to the mining sites.

In March, the High Court granted Ouro Tanque a spoliation order, a legal remedy aimed at restoring possession to someone unlawfully dispossessed of property.

The order directed Freda Rebecca and members of the Zimbabwe Republic Police to restore access to the mining sites, remove fences and vacate the area.

However, Freda Rebecca appealed against the ruling and opposed Ouro Tanque’s attempt to enforce the order before the appeal is heard.

The mining giant argued that the original court order was vague because it did not clearly identify the disputed mining locations through coordinates, boundaries or beacons.

Justice Musithu agreed that there were unresolved disputes over where the alleged acts of dispossession had actually occurred.

“The question of where exactly the alleged acts of spoliation occurred loomed large in the present matter,” the judge said.

He noted that both companies held mining rights in separate locations and that oral evidence and verification by mining authorities might be necessary to establish the precise boundaries in dispute.

“The balance of convenience does not favour the granting of the application,” Justice Musithu ruled adding that the appeal carried “prospects of success which cannot be ignored”.

The court ultimately dismissed Ouro Tanque’s application for leave to execute the earlier judgment pending appeal, ordering each party to bear its own legal costs.

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