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Scott Sakupwanya's company wins dispute over Penhalonga claim
2 hrs ago |
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The High Court of Zimbabwe has issued an urgent interim interdict preventing Sonny Manyande from entering or interfering with operations by Betterbrands Mining (Private) Limited, owned by ZANU PF legislator Scott Sakupwanya, at a water tank relocation site in Penhalonga.
Justice Isaac Muzenda ruled that Manyande's reliance on a 2020 magistrates' court order was legally misplaced and could not bind Betterbrands, which was not a party to the earlier proceedings. The High Court found that Manyande had failed to demonstrate any valid legal basis to obstruct the project, which was authorised by the Mutasa Rural District Council and the Environmental Management Authority.
The judge dismissed Manyande's preliminary defences, including claims that Betterbrands lacked legal standing or that the High Court had no jurisdiction. Muzenda also rejected his argument that blasting and chemical use at the site posed a risk, noting there was no evidence to support such fears.
"The applicant's intended project… is for the noble idea of ensuring clean water for people like the respondent and the community at large without contaminating the water system," Justice Muzenda said in his judgment.
The court criticised Manyande for mobilising people to block the project and for invoking a court order "that did not assist" his position. Despite these actions, the police reportedly "ironically stood by the respondent," with the project having a valid Environmental Impact Assessment in place.
Finding that Betterbrands had "fully met" the legal test for an interim interdict, the judge highlighted that the company would suffer "enormous prejudice" if interference continued, as equipment, personnel, and materials were already on site.
The provisional order bars Manyande, his agents, or proxies from entering or approaching the Penhalonga water tank project site until the matter is fully resolved on the return date, allowing Betterbrands to continue its operations uninterrupted.
Justice Isaac Muzenda ruled that Manyande's reliance on a 2020 magistrates' court order was legally misplaced and could not bind Betterbrands, which was not a party to the earlier proceedings. The High Court found that Manyande had failed to demonstrate any valid legal basis to obstruct the project, which was authorised by the Mutasa Rural District Council and the Environmental Management Authority.
The judge dismissed Manyande's preliminary defences, including claims that Betterbrands lacked legal standing or that the High Court had no jurisdiction. Muzenda also rejected his argument that blasting and chemical use at the site posed a risk, noting there was no evidence to support such fears.
The court criticised Manyande for mobilising people to block the project and for invoking a court order "that did not assist" his position. Despite these actions, the police reportedly "ironically stood by the respondent," with the project having a valid Environmental Impact Assessment in place.
Finding that Betterbrands had "fully met" the legal test for an interim interdict, the judge highlighted that the company would suffer "enormous prejudice" if interference continued, as equipment, personnel, and materials were already on site.
The provisional order bars Manyande, his agents, or proxies from entering or approaching the Penhalonga water tank project site until the matter is fully resolved on the return date, allowing Betterbrands to continue its operations uninterrupted.
Source - newzimbabwe
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