Supreme Court upholds ruling against Buchwa Iron Ore Mining Company

The Supreme Court of Zimbabwe has dismissed an appeal by Buchwa Iron Ore Mining Company (Pvt) Ltd, upholding a lower court ruling that rejected the company’s claim to ownership of a stockpile of iron ore fines.

The appeal centred on whether the company had proven its ownership of the iron ore fines, which were sold by auction to Optimax Mining Resources (Pvt) Ltd in 2016.

In a judgment delivered by Justice Elizabeth Gwaunza, the Supreme Court held that the company had failed to provide sufficient evidence to prove its ownership of the disputed property.

The court noted that the company had admitted to temporarily transferring ownership of the property to the Ministry of Industry and Commerce, but had failed to provide any documentation or evidence to support its claim that the ownership had reverted back to it.

The Supreme Court also criticized the company for failing to join other relevant parties to the transaction, including the Minerals Marketing Corporation of Zimbabwe (MMCZ) and the Ministry of Industry and Commerce, which could have provided crucial evidence to support or refute the company’s claims.

The judge cited the recent case of Dube v Murehwa SC 68/21 at p10, where the court commented:

“The law is clear that bald and unsubstantiated allegations do not establish a litigant’s purported or announced position. See Akhtar v Minister of Public Commission SC 173/97.

“The court a quo’s decision cannot therefore be faulted because the evidence placed before it established on a balance of probabilities that the first respondent had rights emanating from the lease agreement with the second respondent whilst the appellant only made bare allegations which were not sufficient to prove the existence of any material disputes of facts (my emphasis).”

In a similar vein, in VanHoogstraten v Nelomwe SC 4/20 it was stated as follows at pages 6 – 7:

“The quality of the appellant’s evidence was so poor that the trial court cannot be faulted for rejecting it and embracing that of the respondents.

“The appellant has himself to thank for that outcome having done nothing to endear himself in the eyes of the court,” read part of the judgement.

Accordingly, Justice Gwaunza ruled that the appellant failed to prove the case that it brought before the court, primarily due to the lack of sufficient and credible evidence to support its claim to ownership of the disputed property.

“The appeal be and is hereby dismissed with costs,” Justice Gwaunza stated.

The court’s decision was unanimous, with Justices Susan Mavangira and George Chiweshe concurring with Justice Gwaunza’s judgment.

The ruling brings an end to the long-standing dispute over the ownership of the iron ore fines and confirms the sale of the property to Optimax Mining Resources (Pvt) Ltd as valid.