Harare, 24 August 2025 — Independent legislator and businessman Temba Mliswa has achieved a significant legal win after the High Court of Zimbabwe granted his company, Cubs Den Consolidated (Pvt) Ltd, a provisional order against the Zimbabwe Republic Police (ZRP) and several government agencies in Mashonaland West. The ruling, delivered by Justice Wamambo on 22 August under Case No. HCH4111/25, aims to protect Temba Mliswa’s Sanyati River Rehabilitation Prototype Project from unlawful interference by state authorities.
The dispute centers on police and state officials allegedly obstructing Cubs Den’s lawful operations in Rengwe Conservancy, where the company has been undertaking river rehabilitation works designed to restore ecological balance, prevent soil erosion, and promote sustainable land use along the Sanyati River. The project, which has drawn attention for its environmental and social impact, has been a source of tension between Mliswa and certain government actors.
The provisional order issued by the High Court provides immediate relief to Mliswa’s company, compelling key officials to take specific actions within 24 hours. The directives include:
-
Removing all police officers and agents stationed at the Cubs Den project site.
- Advertisement - -
Granting unrestricted access for Cubs Den to Rengwe Conservancy and sections of the Sanyati River for lawful project activities.
-
Ceasing any interference with the company’s operations until the matter is fully adjudicated.
Justice Wamambo further authorized the Deputy Sheriff to eject any non-compliant officers and hand over vacant possession of the project site to Cubs Den if the directives are not observed. The order underscores the court’s determination to uphold lawful business operations and prevent unauthorized state interference.
Temba Mliswa Secures Major Legal Victory Against Police Over Sanyati River Project
While the provisional order offers immediate protection, the High Court will later decide whether to confirm a permanent ruling. If granted, the final order would:
-
Declare Cubs Den the sole authorized entity for river rehabilitation works along the specified section of the Sanyati River.
-
Permanently interdict state agencies from interfering with the project without a valid court order.
-
Potentially award costs against any respondents who oppose the order unnecessarily.
The respondents in the case include the Provincial Commissioner of Police for Mashonaland West, the Commissioner-General of Police, the Minister of State for Provincial Affairs, the Environmental Management Agency (EMA), and the Minister of Environment, Climate, and Wildlife. All have ten days to file opposing papers, failing which the provisional order could be confirmed unopposed.
Legal analysts describe the ruling as a landmark affirmation of private property rights and lawful enterprise in Zimbabwe, particularly in sectors such as environmental conservation and community development. By restraining police and state officials from arbitrary interference, the court has reinforced the principle that government power must be exercised within the bounds of the law.
“The High Court has clearly signaled that the police cannot use their authority to frustrate private investment projects without lawful justification. This is a critical message for both investors and state actors,” said a constitutional law expert familiar with the case.
For Temba Mliswa, the victory is both practical and symbolic. It protects his company’s ongoing rehabilitation works, ensures continuity for the project’s ecological initiatives, and strengthens his position in a broader landscape of disputes over land, mining, and conservation projects in Mashonaland West.
“The ruling affirms the importance of the rule of law and the rights of citizens and companies to operate without unlawful obstruction,” said Temba Mliswa in a statement following the decision. “We are grateful to the judiciary for recognizing the legitimacy of our work and for providing swift interim relief.”
Tensions between Mliswa and various government agencies have been ongoing for several years, often revolving around land use, environmental management, and local development initiatives. The Sanyati River Rehabilitation Prototype Project, which aims to rehabilitate degraded riverbanks and promote sustainable agriculture, had reportedly faced repeated interventions from state authorities, prompting the legal action that culminated in the recent High Court decision.
Observers note that the case highlights the delicate balance between environmental regulation, government oversight, and the rights of private investors undertaking projects of public benefit. Legal commentators anticipate that the forthcoming hearings on the final order will further clarify the extent of authority exercised by police and government agencies in relation to private initiatives.
Cubs Den Consolidated now awaits the filing of opposing papers by the respondents. Should the agencies fail to challenge the order, Temba Mliswa’s company could secure permanent protection for the project site. Meanwhile, the ruling has been welcomed by environmental advocates, private investors, and legal practitioners as a positive affirmation of the judiciary’s independence and commitment to enforcing lawful conduct by state officials.
The outcome of this case may set an important precedent for other private development projects facing bureaucratic or unlawful obstruction, reinforcing the principle that lawful enterprise cannot be arbitrarily hindered by government action.
Source- ZimEye
