HARARE,Aug.2025 (NewsDay Live)-Chinese cement manufacturer Shuntai Investments has filed an appeal against a US$10,000 fine imposed by the High Court for contempt, amid an ongoing legal dispute with Chegutu-based Bryden Country School.
The school is seeking to block the construction of a large cement plant close to its premises citing health concerns.
The project is anticipated to generate at least 800 permanent jobs and address the existing cement supply deficit in Zimbabwe, a situation that has resulted in significant imports and smuggling of the commodity.
In March, Bryden Country School successfully secured a temporary injunction to halt construction on the basis that Shuntai lacked the necessary Environmental Impact Assessment (EIA) certification. However, in April, Shuntai obtained the required EIA certification.
In their appeal submitted to the Supreme Court, Shuntai's legal representatives argued that there is no substantive evidence of contempt. They asserted that the fine is disproportionately high. "The court erred in finding the appellant in contempt in the absence of any expert or objective proof that the construction activities at Plot 8 Eastbourne, Chegutu were intended for the establishment or implementation of the prohibited lime and cement factory project," they argued.
The legal team further contended that the court misinterpreted the situation by inferring contempt solely from the presence of construction activities at the site, without evidence demonstrating that these activities took place after the provisional order issued on March 25, 2025, and within the parameters of the prohibition.
Additionally, Shuntai’s counsel argued that the court significantly misjudged the circumstances by relying on alleged inconsistencies within the appellant’s affidavit as evidence of contempt, without any corroborating facts linking the activities to the prohibited project. They emphasised that the court failed to resolve any uncertainties in the provisional order in favour of the appellant, which is a critical requirement in contempt proceedings, where evidence must be proven beyond a reasonable doubt.
Shuntai's lawyers maintained that the court acted inappropriately by imposing a US$10,000 fine without evaluating the financial capacity of the appellant or providing sufficient justification for the amount, which they deemed to be excessive, punitive, and disproportionate to the alleged contempt.
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