The High Court of Zimbabwe has struck a blow for violators of 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.
Langa had initially denied having led the invasion, lying on his social media handle that the allegations were an attempt at smearing the image of the nation. In response to a status detailing the illegal invasion posted by journalist Hopewell Chin’ono on his X account (formerly Twitter), Moses Langa had accused the journalist of having been paid to smear his name. He invoked the name of the president Emmerson Mnangagwa in his spirited denial.
However, his denial fell embarrassingly exposed when a joker was thrown and video footage emerged of Langa leading from the front along with other thugs, invoking the name of Zanu PF and alleging their invasion was blessed and ordained by the party leadership. With overwhelming evidence, he embarrassingly was forced to concede and opt for the consent order or risk further dragging the name of the party in disrepute. This led to the granting of the spoilation order.
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 monitoring the removal of illegal miners by responsible authorities and assessing the damage caused during the brief but chaotic occupation.
By last night, days after the order was handed down, Moses Langa and his associates had not officially addressed their horde of invaders, and was not certain how, when or if they were going to address or contact them ordering them to stand down.
However, this publication has it on good authority that Moses Langa and his associates invited the ire of the ZANU PF leadership for their dragging the name of President Emmerson Mnangagwa in their theft ring as well as allegations that they also routinely roped in the name of First Lady Auxillia Mnangagwa who is know for being adverse to her family being dragged into illegal activities or herself being name dropped in any such nefarious activities.
Reached for a comment, mine authorities expressed relief and cautious optimism.
“We are happy with the outcome at the courts. This reaffirms the respect for property rights and the rule of law in our nation. We cautiously await the response from the losing respondents and certainly hope this is the last we see of these types in this neck of the woods,” said company spokesperson Robert Mukondiwa.
“Zimbabwe is a nation governed by the law and is in no way the wild west. Our relationship with authorities remains cordial and we hope a lesson will further be taught to these miscreants to not drag the name of the ruling party or any esteemed institution for that matter in their thieving escapades,” said Robert Mukondiwa.
With the country’s independence celebrations being held in Matabeleland South in a few months’ time come April, this episode, led by someone who ought to be a respectable political figure, has left the party and government deeply embarrassed and it will be interesting to see if Langa will be let to lead from the front on behalf of the youth after such an shameful crusade.
