Chinhoyi, Zimbabwe — High Court judge Justice Philda Muzofa has found executives of Wih-Zimbabwe Construction Material Investments in contempt of court for defying a previous order to halt construction of a cement manufacturing plant in Magunje, Hurungwe District.
In a ruling delivered recently at the High Court in Chinhoyi, Justice Muzofa directed the immediate suspension of all construction works at the site, citing blatant disregard of a court order issued on February 4, 2025.
“The application for contempt of court be and is hereby granted,” Justice Muzofa declared. “The first and second respondents (Labenmon Investments and its director Daniel Mlalazi) are hereby found to be in contempt of this court’s provisional order issued under Case Number HCCC15/25.”
The judge further ordered that “the respondents immediately stop all works at the Wih-Zimbabwe Construction Material Investments Cement Manufacturing Plant in Magunje, Hurungwe until the matter under HCCC15/25 is finalised.”
As part of the ruling, the court imposed a fine of US$3,000 on the first respondent, payable within 30 days. Director Daniel Mlalazi was sentenced to 30 days’ imprisonment, wholly suspended on the condition that the company complies with the court order.
The matter originated from a legal challenge brought by residents of Kapere and Chasara under Ward 11 in Hurungwe. Represented by lawyers from the Zimbabwe Lawyers for Human Rights (ZLHR), the villagers argued that the cement plant project had encroached on their grazing and farming land without proper consultation.
According to ZLHR attorneys Tinashe Chinopfukutwa and Kelvin Kabaya, the Chinese firm Labenmon Investments, linked to Wih-Zimbabwe Construction Material Investments, began fencing off the land in July 2024 without engaging with the affected communities.
“The villagers later learnt that Labenmon Investments was intending to establish a cement manufacturing plant on the pegged area, and they were prohibited from accessing their grazing fields and farming land,” ZLHR said in a statement.
The residents claim that the project has disrupted their livelihoods, depriving them of access to land they depend on for subsistence farming and grazing. Reports indicate that approximately 23 families have been displaced or cut off from communal grazing areas since the fencing began.
High Court Rules Wih-Zimbabwe Construction Executives in Contempt for Defying Court Order on Magunje Cement Plant
ZLHR lawyers argued that the Environmental Management Agency (EMA) acted unlawfully by issuing an Environmental Impact Assessment (EIA) certificate to the company without properly evaluating its report — a violation of sections 100(1) and 100(2) of the Environmental Management Act.
“The Director-General of EMA violated the principles of natural justice as espoused in section 136 by failing to consult the appellants who are affected by the proposed cement manufacturing plant and giving them an opportunity to be heard,” the lawyers said.
They further noted that EMA failed to conduct the required consultative meeting between the developers and the affected communities as mandated by law. This omission, they argued, undermined the legitimacy of the EIA certification process and the project’s legality.
The villagers maintain that the cement plant project not only threatens their means of subsistence but also raises serious concerns about environmental degradation, water resource depletion, and land use rights.
The ruling has been welcomed by the affected communities and civil society groups, who have long called for greater transparency and adherence to legal procedures in projects affecting communal lands.
“This judgment sends a strong message that no company or individual is above the law,” said a spokesperson for ZLHR. “It affirms that community rights and environmental protection cannot be ignored in pursuit of development projects.”
Many villagers expressed relief at the court’s decision, hoping it will halt further encroachment and provide an opportunity for proper consultation. Others cautioned, however, that the ruling must be enforced effectively to prevent further violations.
The case underscores broader concerns over land rights, environmental governance, and corporate accountability in Zimbabwe. It highlights the challenges communities face in engaging meaningfully in decision-making processes that directly affect their livelihoods.
Legal experts note that the case could set a significant precedent for how environmental approvals and public consultations are handled in Zimbabwe. By holding both the company and its executives accountable, the ruling reinforces the principle that development must be balanced with respect for legal processes, human rights, and environmental sustainability.
Justice Muzofa’s ruling comes at a time of growing public scrutiny over land use decisions and environmental compliance, especially where large-scale industrial projects are concerned. It signals the judiciary’s readiness to uphold the rule of law, even against powerful corporate interests.
As the matter under Case Number HCCC15/25 continues, the court’s decision to suspend works at the Magunje cement plant site marks an important victory for affected communities and civil society advocates. The case is set to remain a focal point in debates around development, environmental justice, and the rights of rural communities in Zimbabwe.
The High Court’s ruling serves as a reminder that development cannot be divorced from accountability and consultation, and that environmental governance remains a critical pillar in ensuring equitable and sustainable growth.
Source- Bulawayo24
