Zimbabwe High Court Issues Provisional Order in Mining Dispute Involving Allen Sibanda against Chinese Miner
News Editor.
Center News Hub
Gweru— A high-stakes provisional order was issued in Bulawayo as judges preside over a complex dispute involving FleekFair Trading (Private) Limited, Allen Sibanda, and Chinese owned Chengbao Mining (Private) Limited, Anesu Gold Mining (Private) Limited.
The matter, Case No. HCBC1005/25, pits two applicants — FleekFair Trading and Allen Sibanda — against two respondents, Chengbao Mining and Anesu Gold Mining, along with the Provincial Mining Director for Midlands and the Sheriff of the High Court.
The provisional order, issued by His/Her Honour Justice M. Dube J., directs immediate actions and outlines procedures for any party wishing to oppose the final confirmation of the provisional order.
If no opposing order is filed within the 10-day window, the matter may proceed as an unopposed application for confirmation of the provisional order, with a hearing set in the High Court at Bulawayo.
The interim relief includes a stay on execution of a writ of ejectment and removal notices related to the applicants’ mining premises, under HCBC205/25.
The final order sought would require the 1st respondent to pay the costs of suit on an attorney-and-client scale, subject to the court’s determination.
The case centers on a stay of certain executions and ongoing disputes over mining rights and premises, with background ties to an ongoing rescission of judgment filed under HCBC907/25.
Industry observers note that the outcome could have meaningful implications for the involved mining operations and regional regulatory dynamics in Midlands, particularly around property rights and enforcement of judgments.
The High Court’s Bulawayo bench is expected to announce next steps once the 10-day opposition window closes or a chamber application is resolved.”
The latest High Court ruling overturns a short lived victory to a Chinese-owned Chengbao Mining (Pvt) Ltd, which declared its tribute agreement over C-Mine in Mberengwa valid and binding, while ordering rival parties to vacate the disputed site and account for minerals already extracted.
The latest ruling means the applicants Allen Sibanda and FleekFair trading workers and their equipment are not supposed to vacate the mine and continue operations until the case is heard and finalised.
According to media reports the wrangle quickly escalated on the ground, with both parties moving equipment and workers on the site. Chengbao maintained that it had invested heavily in infrastructure and environmental certification under the original contract, while Anesu Gold and Sibanda insisted the agreement was no longer binding.
In a previous judgment, Justice Bongani Ndlovu ruled that Chengbao’s October 2024 agreement with Anesu Gold (Pvt) Ltd remained in force, despite claims by Anesu Gold and miner Allen Sibanda that the deal had been cancelled, reported local media.
Sibanda and his partner appealed the order arguing that it was done in their absence since they were not notified of the hearing.
Sibanda’ lawyer Claudios Makwara of Mandipa, Makwara & Chikukwa Legal Practice confirmed the new development.
“The story circulating relates to a judgment that was delivered in July 2025. After the judgment, we filed an application for rescission of the judgment in question, and we have since filed and been granted an order to stay execution of the judgment by Ndlovu J. I cannot comment further on court proceedings which are still before the court. However, I want to indicate that parties have engaged each other, they are finding each other & will be able to resolve the dispute amicably. As you can see, the judgment has not been executed & people are conducting their mining operations peacefully; so there is no need to spread information which is likely to cause panic to those affected by it” Makwara said.
