HARARE, Aug.7,2025 (NewsDayLive)-Chinese firm Jiayuan Investments has taken Zimbabwe Republic Police Commissioner-General Shepherd Mutamba to court for refusing to release its mining equipment seized by his subordinates.
Mutamba was cited together with his Mashonaland Central officer commanding under whose jurisdiction the equipment was seized.
The Chinese firm's controller Nomore Chizutu, in an affidavit he deposed to support the urgent chamber application for contempt of court submitted that there is an extant order of the High Court, which r was served on the police bosses directing them to release the equipment.
The mining firm represented by Rungano Mahuni submitted that the law enforcement agents had deliberately and consciously disobeyed the extant order of the court.
According to the court documents, Jiayuan Investments representatives were arrested early this year for engaging in unlawful alluvial mining as defined in section 3(1) of the Environmental Management (Control of Alluvial Mining) (Amendment) Regulations, 2024 (No.3).
During investigation of this matter, the police seized the firm's mining equipment comprising of three excavators, two Howo tipper trucks, one front-end loader, 1187 5kva generator, one wash plant, and a 73hp water pump.
After a full trial, and on May 29, 2025, the miner was convicted of the offence of unlawful alluvial mining and ordered to pay a fine of US$1000 and to rehabilitate the land on or before July 31, 2025.
The presiding magistrate also instructed the police to release the seized mining equipment and machinery to facilitate rehabilitation of the land.
The police did not release this equipment as per the court order. The Chinese miner then lodged an urgent High Court application for mandamus under case number HCH 3222/25, seeking immediate release of the equipment.
The application was granted in default by High Court judge Justice Benjamin Chikowero on July 8, 2025.
After the order was granted, the Chinese miner's legal representatives wrote to the police informing them of the extant order in HCH 3222/25 and the fact that they ought to release the mining equipment and machinery within 48 hours.
After the 48-hour ultimatum had lapsed, the miner lodged a writ of delivery with the sheriff of the High Court to recover the mining equipment and machinery from the police.
On July 18, the sheriff of High Court went to the officer commanding police Mashonaland Central business address for the sole purpose of executing the writ of delivery and was denied access and entry into the premises.
"The applicant has suffered large economic losses as a result of the actions of the respondent and is not sure where to turn now, as the respondents keep defying and disrespecting this honourable court," the miner's lawyers submitted.
The matter is pending.
