The High Court has barred one Sonny Manyande from entering or interfering with operations by Betterbrands Mining (Private) Limited, owned by ZANU PF legislator Scott Sakupwanya, at a Penhalonga water tank site, ruling that his reliance on a 2020 magistrates' court order was legally misplaced and could not bind the company.
Justice Isaac Muzenda granted the urgent interim interdict after finding that Betterbrands had proven the requirements for temporary relief and that Manyande had failed to show any valid legal basis for obstructing the relocation of water tanks authorised by the Mutasa Rural District Council and the Environmental Management Authority.
In the judgment, the court dismissed Manyande's attempt to stop the work using a magistrate's ruling unrelated to Betterbrands, stressing that the 2020 order could not bind a party that was never involved in those proceedings.
The judge said Manyande was improperly trying to extend its reach.
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The court was sharply critical of Manyande's preliminary defences, finding that his objections lacked foundation: "Respondent's preliminary points are all ill-taken and ought to be dismissed."
Muzenda further rejected Manyande's argument that Betterbrands lacked legal standing or that the High Court had no jurisdiction.
Muzenda said Betterbrands held a valid tribute from Redwing Mining Company and that the land in question belonged to the State under the local authority not Manyande.
On Manyande's claim that blasting and chemicals would endanger him, the court found no evidence to support this: "This fear is only but anticipated, it is not based on any tangible fact."
The court underlined that the project to relocate the water tanks was approved by all responsible authorities and was intended to protect the community's water supply: "Applicant's intended project... is for the noble idea of ensuring clean water for people like the respondent and the community at large without contaminating the water system."
Muzenda also criticised Manyande for mobilising people to block the project, noting that he invoked a court order that "did not assist" his position and was being used to obstruct a lawful development. The judge also noted that the police "ironically stood by the respondent," despite the project having a valid Environmental Impact Assessment.
Finding that Betterbrands had "fully met" the legal test for an interim interdict, the judge concluded that the company would suffer "enormous prejudice" if Manyande continued to interfere, given that equipment, personnel and materials were already on site.
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The provisional order bars Manyande, his agents or proxies from entering or approaching the Betterbrands project site at Penhalonga's water tanks until the matter is fully resolved on the return date.
