Zanu-PF youths booted out of gold mine

The High Court in Bulawayo has ordered Zanu-PF youths who illegally invaded Vubachikwe Mine in Gwanda to immediately vacate the property and cease interfering with mining operations, in a ruling that underscores serious concerns around property rights, the rule of law and investor confidence in Zimbabwe.

The order was issued by High Court judge Justice Bongani Ndlovu following a spoliation application brought by Forbes & Thompson (Bulawayo) (Pvt) Ltd, a subsidiary of Duration Gold Limited. The mine, located about 130 kilometres south-east of Bulawayo, falls under Mining Lease 16, which is legally held by the company.

The respondents in the matter were identified as Moses Langa, Aldonia Gondo, Madodana Sibanda, Takeson Moyo and Alot Ndlovu, who allegedly led the unlawful occupation of the mine. The five consented to the court order, admitting that their actions were illegal. They also undertook to remove more than 200 illegal miners, as well as their agents and followers, from the site.

At least 200 youths, allegedly led by Zanu-PF Matabeleland South provincial youth chairperson Moses Langa, had invaded and taken control of the mine, disrupting operations at the property owned by Bulawayo-based British company Forbes & Thompson.

Justice Ndlovu granted a spoliation order, also known as mandament van spolie, a legal remedy designed to swiftly restore possession of property to a party that has been unlawfully dispossessed, regardless of the merits of ownership. The remedy focuses strictly on restoring the status quo and upholding the rule of law.

A sixth respondent, Taison Mutengeni, failed to appear in court despite being properly served. The court nevertheless granted the same spoliation order against him in his absence.

The Ministry of Mines did not oppose the application, paving the way for the court to order the immediate removal of the illegal occupants from the mining lease.

Duration Gold Limited, which owns Forbes & Thompson, is a Jersey-incorporated company formed in 2006 by Clarity Capital. Its main shareholder and managing director is Alan Dolan, a Canadian lawyer and investor based in Switzerland with long-standing business interests in Zimbabwe and South Africa.

Duration Gold Zimbabwe owns several mines across the country, including Athens Mine in Mvuma, Gaika Mine in Kwekwe, Royal Family Mine in Filabusi and Vubachikwe Mine. Although Vubachikwe is currently under temporary closure due to operational challenges and restructuring, the company remains one of Zimbabwe's significant gold producers and employers.

The court ruling comes amid growing concern over illegal mining invasions and their impact on the mining sector, which is widely regarded as the backbone of Zimbabwe's economic growth prospects. Observers say the judgment sends a strong signal on the protection of investment and the enforcement of the law in the face of politically linked disruptions.