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Court orders Chengbao rivals to vacate C-Mine
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Bulawayo High Court has delivered a landmark ruling in favor of Chinese-owned Chengbao Mining (Pvt) Ltd, affirming the validity of its tribute agreement over the C-Mine in Mberengwa and ordering rival parties to vacate the disputed site.
Justice Bongani Ndlovu declared that Chengbao's October 2024 agreement with Anesu Gold (Pvt) Ltd remains binding, despite claims by Anesu Gold and miner Allen Sibanda that the contract had been cancelled. The court emphasized that the agreement could not be unilaterally terminated outside its agreed procedures.
The dispute arose in November 2024 when Anesu Gold, already bound by a tribute agreement with Chengbao, entered a separate arrangement with Sibanda, granting him control of the same mining claims. Chengbao accused Anesu Gold of double-dealing, while Sibanda argued the original contract was no longer valid.
The court found that Anesu Gold had improperly attempted to replace Chengbao with Sibanda, despite Chengbao's significant investments in mining infrastructure and environmental compliance.
Justice Ndlovu noted, "I find no basis to accept the 1st respondent's version that the 2nd agreement was entered into only for the purposes of facilitating EIA certificates. This does not reverse the original agreement, which remains binding, adhering to the cardinal rule of pacta sunt servanda."
As part of the judgment, Sibanda and all individuals acting through him are ordered to remove their equipment from C-Mine, with the Sheriff and police authorized to enforce the eviction if necessary. The court also directed both Sibanda and Anesu Gold to account for and return all proceeds extracted from the site since November 2024, with a chartered accountant appointed to audit the funds.
The ruling solidifies Chengbao Mining's legal standing over the C-Mine and reinforces contractual obligations in Zimbabwe's mining sector.
Justice Bongani Ndlovu declared that Chengbao's October 2024 agreement with Anesu Gold (Pvt) Ltd remains binding, despite claims by Anesu Gold and miner Allen Sibanda that the contract had been cancelled. The court emphasized that the agreement could not be unilaterally terminated outside its agreed procedures.
The dispute arose in November 2024 when Anesu Gold, already bound by a tribute agreement with Chengbao, entered a separate arrangement with Sibanda, granting him control of the same mining claims. Chengbao accused Anesu Gold of double-dealing, while Sibanda argued the original contract was no longer valid.
The court found that Anesu Gold had improperly attempted to replace Chengbao with Sibanda, despite Chengbao's significant investments in mining infrastructure and environmental compliance.
Justice Ndlovu noted, "I find no basis to accept the 1st respondent's version that the 2nd agreement was entered into only for the purposes of facilitating EIA certificates. This does not reverse the original agreement, which remains binding, adhering to the cardinal rule of pacta sunt servanda."
As part of the judgment, Sibanda and all individuals acting through him are ordered to remove their equipment from C-Mine, with the Sheriff and police authorized to enforce the eviction if necessary. The court also directed both Sibanda and Anesu Gold to account for and return all proceeds extracted from the site since November 2024, with a chartered accountant appointed to audit the funds.
The ruling solidifies Chengbao Mining's legal standing over the C-Mine and reinforces contractual obligations in Zimbabwe's mining sector.
Source - NewZimbabwe
