The High Court of Zimbabwe has struck a blow for property rights and the rule of law by granting a spoliation order against Moses Langa, the ZANU-PF Youth Leader for Matabeleland South, and five of his associates.
The order follows the unlawful occupation of Mining Lease 16, a primary asset of Duration Gold Ltd, which encompasses the historic Vubachikwe Mine in Gwanda.
In a significant legal concession, five of the respondents—Moses Langa, Aldonia Gondo, Madodana Sibanda, Takeson Moyo, and Alot Ndlovu—consented to the order. By doing so, they officially acknowledged that their leadership in the recent invasion of the mining lease was illegal.
Restoration of Possession
A spoliation order (technically known as mandament van spolie) is a robust legal remedy designed to immediately restore property to a party that has been forcibly or unlawfully dispossessed.
The court’s decision mandates the immediate removal of over 200 illegal miners who were incited and led onto the site by Langa and his group. The respondents have undertaken to clear the premises of all agents and followers, restoring quiet and undisturbed possession to Duration Gold Ltd.
A sixth respondent, Taison Mutengeni, failed to appear in court despite being properly served with the urgent chamber application. Consequently, the High Court granted the same spoliation order against him in his absence.
Notably, the Ministry of Mines and Mining Development chose not to oppose the application. By filing no papers to challenge Duration Gold’s move, the Ministry effectively cleared the path for the court to uphold the mining company’s existing lease rights.
Accountability for the “Mine Grab”
The invasion, which saw dozens of youths loading ore onto trucks and establishing makeshift camps on the ML16 lease, had raised serious concerns about investor confidence in Zimbabwe’s mining sector.
With the High Court ruling now in effect, Langa and his associates are expected to comply immediately. The order emphasizes that no individual, regardless of political standing, is permitted to take the law into their own hands.
For the management at Vubachikwe Mine, the focus now shifts to safely removing the illegal miners and assessing the damage caused during the brief but chaotic occupation.