High Court blocks return of disputed mine sites

Zimbabwe's High Court has dismissed an application by Ouro Tanque Private Limited seeking immediate control of disputed gold mining claims in Bindura pending an appeal by Freda Rebecca Gold Mine to the Supreme Court.

The ruling marks the latest development in a legal dispute involving allegations of unlawful occupation, fencing of mining land and police involvement at contested mining sites.

In a judgment delivered on Thursday, Justice Siyabonga Paul Musithu ruled that Freda Rebecca's appeal had reasonable prospects of success and that key factual disputes surrounding the precise location of the contested mining claims remained unresolved.

The dispute arose after Ouro Tanque alleged that it was forcibly removed in February from five mining claims in the Bindura area. The company claimed Freda Rebecca fenced off the sites, deployed security personnel and acted with members of the Zimbabwe Republic Police to block access to the mining areas.

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

The order directed Freda Rebecca and police officers to restore access to the claims, remove fencing and vacate the disputed area.

Freda Rebecca subsequently appealed against the ruling and opposed Ouro Tanque's attempt to enforce the order before the Supreme Court appeal is heard, arguing that the original judgment failed to clearly identify the disputed mining locations through boundaries, coordinates or official beacons.

Justice Musithu agreed that there were unresolved disputes regarding the exact location of the alleged acts of dispossession.

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

He added that both companies appeared to hold mining rights in separate locations and that oral evidence and verification by mining authorities could be required to establish the disputed boundaries.

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

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