High Court Ruling Upholds Chinese-Mberengwa Miner Chengbao’s Right To C-Mine

By Advent Shoko

The Bulawayo High Court has handed a decisive win to Chinese-owned Chengbao Mining (Pvt) Ltd, declaring its tribute agreement over C-Mine in Mberengwa valid and binding, while ordering rival parties to vacate the disputed mining site and account for minerals already extracted.

Key Findings & Court Orders

Justice Bongani Ndlovu ruled that Chengbao’s October 2024 tribute agreement with Anesu Gold (Pvt) Ltd, which was approved by the Mining Commissioner on 1 November 2024, remains valid and in force.

Respondents, including miner Allen Sibanda, had claimed the original agreement was cancelled and a new tribute deal had been entered. The court found those claims unfounded and held that unilateral cancellation outside the procedures agreed upon is invalid.

Dispute Background

The row began in November 2024 when Anesu Gold, already in tribute arrangement with Chengbao, allegedly entered into a second arrangement with Sibanda covering the same mining claims. Chengbao accused Anesu of double dealing.

Both Chengbao and Sibanda had moved equipment and workers onto C-Mine amidst the dispute. Chengbao asserted significant investments in infrastructure and environmental compliance under the original agreement. Anesu Gold and Sibanda insisted that the initial contract had been lawfully cancelled.

Court’s Rulings

The agreement cannot be superseded by a second deal unless following the cancellation procedure stipulated in the original contract.

The court ordered that Sibanda and those acting through him must immediately remove all equipment from C-Mine. If they fail to comply, Chengbao or the Sheriff (with police support) can enforce the order.

Both Anesu Gold and Sibanda are to account for all minerals extracted since November 2024, and a chartered accountant with over 15 years’ experience will audit the proceeds.

Legal Principles Enforced

The judgment reinforced pacta sunt servanda (agreements must be kept). Courts will not rewrite contracts but will uphold what parties freely entered into.

The Mining Commissioner’s approval (November 2024) helped cement the status of the agreement as “standard tribute”.

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