JUDICIAL STANDOFF: High Court Blocks Ouro Tanque’s Move to Seize Bindura Mining Claims

HARARE — The High Court has dismissed an urgent application by Ouro Tanque Private Limited that sought to gain immediate control of contested gold mining claims in Bindura while a Supreme Court appeal by Freda Rebecca Gold Mine is pending. The ruling, delivered on Thursday by Justice Siyabonga Paul Musithu, halts Ouro Tanque’s attempt to enforce a prior order that would have seen Freda Rebecca evicted from the disputed site.

The legal battle stems from allegations made by Ouro Tanque that it was unlawfully dispossessed of five mining claims in February. The company accused Freda Rebecca of:

• Forced Removal: Allegedly using security personnel and members of the Zimbabwe Republic Police to block access.

• Encroachment: Fencing off the contested areas and deploying guards at the sites.

In March, the High Court initially granted Ouro Tanque a spoliation order, a legal remedy designed to restore possession to a party unlawfully removed from property. This order instructed Freda Rebecca to remove the fencing and vacate the area.

Freda Rebecca promptly appealed the spoliation order to the Supreme Court, arguing that the High Court’s original judgment was flawed because it failed to identify the exact boundaries, coordinates, or official beacons of the disputed claims. Justice Musithu agreed that the geographical location of the alleged dispossession remained a critical, unresolved factor.

"The question of where exactly the alleged acts of spoliation occurred loomed large in the present matter," Justice Musithu noted.

The judge pointed out that both companies appear to hold valid mining rights in the area, but in different locations. He suggested that oral evidence and official verification by mining authorities might be necessary to define the disputed boundaries.

The court ultimately found that the "balance of convenience" did not favor Ouro Tanque. Justice Musithu ruled that Freda Rebecca’s Supreme Court appeal carried "prospects of success which cannot be ignored". As a result, Ouro Tanque’s application for leave to execute the judgment pending the appeal was dismissed, with both parties ordered to bear their own legal costs.

Ouro Tanque vs Freda Rebecca gold mine dispute