Chinese mine owner to serve 30 year sentence in Zimbabwe jail

THE Supreme Court of Zimbabwe has dismissed an appeal by Zhombe mine operator Cai Yulong, upholding his convictions for murder, attempted murder, and assault following a 2024 underground shooting that left one worker dead and another seriously injured.

In a unanimous judgment delivered by Justices Joseph Musakwa, Susan Mavangira, and Chinembiri Bhunu, the court found that Cai's actions demonstrated a clear intent to kill or inflict fatal harm when he fired at workers from the neighbouring Blackhand 10 Mine during a confrontation underground.

"The appellant armed himself, confronted the alleged intruders and fired at fleeing individuals," Justice Musakwa wrote. "He subjectively foresaw the possibility of death and reconciled himself to it."

Cai, who operates Stone Steel Mine, shot and killed 28-year-old Goni Goni on 24 May 2024, claiming he believed Goni and his colleagues were illegal gold panners encroaching on his claim. The court rejected this defence, finding that the victims were legally employed by mine owner Cornelius Shariwa.

"There was no evidence whatsoever that the deceased and his colleagues were illegal miners," the judgment stated. "Their employment status was established through consistent State evidence, including an employee register."

Shariwa had testified that his workers were erecting a barricade at the boundary between the two mines after repeated encroachment concerns. "These were my workers, and my own son was with them underground," he said.

The Supreme Court also noted that the post-mortem report contradicted Cai's claim of self-defence, as Goni was shot in the thigh, indicating he was fleeing rather than attacking.

On appeal, Cai's lawyer argued that his client "fired warning shots" aimed only at the legs and acted in self-defence and defence of property. The court dismissed this, citing multiple improbabilities, including that Cai descended the mine armed and prepared for confrontation despite knowing workers from the neighbouring mine used the same tunnels.

"The inherent improbability that men armed with axes would advance towards a man carrying a gun after three warning shots" undermined Cai's defence, the court stated.

The Supreme Court also upheld the High Court's sentence of 30 years for murder and 10 years for attempted murder (five suspended), describing the killing as cold-blooded and noting the gross disproportionate harm caused in a confined mine shaft.

While acknowledging mitigating factors such as Cai's first-offender status, attempts at first aid, and a US$3 000 contribution toward funeral expenses, the Court found no reason to interfere with the original sentence.

With the appeal dismissed in full, Cai will continue serving his effective 30-year prison term.