A CHINESE miner has been fined US$10 000 for defying an order to suspend the construction of a cement and lime manufacturing plant near a private school in Chegutu.
Bryden Country School Trust approached the court seeking a contempt order against the Chinese miner, Shuntai Investments.
The trust cited Shuntai Investments, its directors Yinliang Jia and Mingchang Xing, the Sheriff of Zimbabwe, the officer in charge of Harare Central Police Station and officer-in-charge of Chegutu Police Station as respondents, respectively.
A provisional order granted by the High Court on March 25 this year directed Shuntai Investments to suspend the establishment of the cement and lime manufacturing plant at Plot Number 8 Eastboume near the school.
The school submitted that the respondents wilfully defied the court order by continuing its operations at the site.
The trust alleged that the operations of the miner disturbed learning due to noise and air pollution, adding that they posed a health risk to learners and staff.
In opposing papers, Shuntai Investments argued that the application is not urgent and is not properly before the court.
Shuntai Investments also argued that Yinliang and Mingchang were not party to the original court application number HCH1326/25, adding that for that reason they were unnecessarily being dragged to court.
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It added that the school did not persuade the court to pierce the corporate veil for Yinliang and Mingchang to be personally liable for transgressions allegedly committed by Shuntai Investments.
However, the school argued that Yinliang and Mingchang, as directors of Shuntai Investments, are held equally accountable.
Justice Samuel Deme said Yinliang and Mingchang were not properly before the court since the school did not justify their inclusion.
Shuntai submitted it was not in wilful defiance of the provisional order, adding hat it only constructed temporary structures.
The miner further submitted that the project does not endanger the lives of students and staff as alleged.
Justice Deme said the purpose of the application was to ensure that the integrity and dignity of the court are maintained by the litigants.
“The parties, who appear before the court must respect the court, failing which the court may take action in order to restore its reputation and dignity. In order to protect its standing, the court may decline to entertain any person who fails to respect the court,” the judge ruled.
“This court is a court of law, and as such, cannot connive with or condone the applicant’s open defiance of the law.
“The applicant persuaded this court not to entertain the respondent on the basis that it wilfully defied the provisional order granted by this court.{
The court carried out an inspection in loco in Chegutu on July 25 after the parties disagreed on the structures put up on site.
The judge said the miner, in terms of the provisional order, was supposed to suspend the establishment of a manufacturing plant.
“Having realised that the version of temporary structures was no longer sustainable in light of the examination in loco, Shuntai Investments fabricated a different version in order to avoid the consequences arising from contempt of court. Shuntai Investments cannot, therefore, escape penalties which are ordinarily imposed upon liars,” the judge ruled and ordered the miner to pay the costs of the application.
