Court Bans Chinese Firm from Mining Operations

Zim Now Writer

The Chinhoyi High Court has delivered a significant ruling barring a Chinese mining company from operating at a disputed mine in Mashonaland West Province.

The court prohibited Beijing Broadtec Investments (Pvt) Ltd from conducting mining activities at the contested Mukovo 12 Mine, citing the company’s operations as illegal and a threat to the estate of the late Josphat Mutizira.

Justice Philda Muzofa handed down a provisional order interdicting the company, along with its employees, agents, and assignees, from mining or interfering with the estate’s rights. The order remains in effect until the appeal before the Minister of Mines is resolved.

Muzofa noted that the estate had maintained a presence on the site for more than five years and had made significant investments in the mining operation.

“Even if there are no mining rights since they were suspended, in my view, the applicant still has residual rights to protect its interests in the property,” said Justice Muzofa.

The estate’s executor, Elmon Mutizira, approached the court after Beijing Broadtec allegedly carried out a violent takeover of Mukovo 12 on June 27. The incident reportedly involved the removal of workers, damage to equipment, and the deployment of guards at the mine.

Justice Muzofa dismissed the miner’s claim that it was at Mukovo 12 for “security purposes,” stressing that its Exclusive Prospecting Order did not confer such authority.

She questioned why a law-abiding respondent would resist the order when it had neither mining rights nor security authority at the site.

The court also rejected Beijing Broadtec’s attempt to rely on the “dirty hands” doctrine, with Justice Muzofa ruling that there was no evidence of misconduct by Mutizira requiring judicial redress.

In her judgment, Justice Muzofa concluded that the balance of convenience favored the estate, noting that the potential harm to the applicant—including equipment damage and loss of mineral value—outweighed any possible harm to the respondent.

The ruling halts all activity at Mukovo 12 until the Minister of Mines makes a final decision on Mutizira’s appeal.