The High Court has granted an urgent provisional order barring a Midlands woman from carrying out mining activities at a gold claim after the registered owner alleged she was illegally extracting and processing gold ore from the site.
In a judgement delivered in Bulawayo, Justice Naison Chivayo ruled in favour of Chauke Mbange Ndangariro (Private) Limited, which had approached the court seeking an interdict against Marble Mpofu over activities at the Aurora 31 mining claim.
The company argued that it is the lawful holder of mining rights for Aurora 31, registered under certificate number 26131, and accused Mpofu of illegally occupying the claim and extracting gold without its consent or authority.
According to the court record, the dispute had previously been referred to the Provincial Mining Director for Midlands, who on October 23, 2025 ruled that the claim was registered in the applicant’s name and that Mpofu had no legal authority to mine at the site.
Despite the ruling, the company told the court that Mpofu allegedly continued mining and transporting gold ore and dumps from Aurora 31 to another site known as Tortoise 14, where she was said to have established a milling and processing plant.
The company further argued that the continued extraction posed a risk of irreparable harm because gold is a finite resource and could be depleted before the dispute is resolved.
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When the urgent chamber application was heard on November 10, 2025, Mpofu had not filed a notice of opposition. Legal counsel for the Provincial Mining Director, the Minister of Mines and Mining Development, and the Officer Commanding Midlands Province CID Minerals Flora and Fauna Unit did not oppose the interim relief sought.
Justice Chivayo found that the applicant had satisfied the legal requirements for an interdict, including demonstrating a prima facie right to the mining claim, a reasonable apprehension that its rights were being infringed, and the risk of irreparable harm if the alleged activities continued.
The court ruled that the balance of convenience favoured granting interim relief.
As a result, the court issued a provisional order temporarily interdicting Mpofu, her agents or associates from occupying, mining or extracting gold ore at the Aurora 31 claim or from disposing of or processing any minerals from the site without the applicant’s consent.
The order also directs Mpofu to vacate the mining site and leave any minerals there within 72 hours, under the supervision of the Sheriff of the High Court with assistance from the Zimbabwe Republic Police.
"The first respondent must leave the mining site and any minerals in whatever form within 72 hours under the supervision of the Sheriff of the High Court of Zimbabwe, with the assistance of Zimbabwe Republic Police," the judge stated.
The provisional order will remain in force pending confirmation of a final order permanently interdicting Mpofu from mining at the claim. The applicant is also seeking costs against the first respondent on an attorney-and-client scale.
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