Duration Gold has commended Zimbabwe’s judiciary for what it describes as a “measured, principled and unimpeachable” handling of a protracted legal dispute that sought to place its flagship Vubachikwe Mine under corporate rescue.
Speaking in the wake of a decisive ruling by the Supreme Court, company spokesperson Robert Mukondiwa praised the country’s justice system for upholding the rule of law in a manner that reinforces investor confidence.
“The conduct of our courts in this matter demonstrates a judiciary that is not only independent but also deeply committed to fairness, balance, and procedural integrity,” Mukondiwa said. “Such consistency is indispensable in positioning Zimbabwe as a credible and secure investment destination.”
The case, which had lingered for over two years, stemmed from an application by Fawcett Security, led by then-chairman Andy Laing, to place the Duration Gold-run Vubachikwe Mine under corporate rescue over what has been widely described as an insignificant outstanding sum.
From its inception, Mukondiwa noted, the application bore hallmarks of irregularity. Funds to settle the debt had been availed through Forbes and Thompson, the entity under which Vubachikwe Mine operates, but were inexplicably rejected by Fawcett Security.
Duration Gold
“It was perplexing, and indeed suspicious, that a creditor would decline settlement of an acknowledged obligation and instead embark on a protracted and aggressive pursuit of corporate rescue,” Mukondiwa said.
“This was not a case of inability to pay, but rather a refusal to accept payment.”
The matter was initially dismissed by the High Court, where further procedural shortcomings emerged.
Fawcett’s legal representatives, from the Bulawayo-based Masamvu Da Silva Gusto Law Firm, conceded that they had failed to properly serve all affected parties an omission Mukondiwa described as “elementary yet consequential.”
Despite this setback, Fawcett Security proceeded to appeal the ruling at the Supreme Court.
However, rather than focusing solely on the merits of the appeal, the apex court reportedly interrogated the rationale behind the rejection of payment and the insistence on corporate rescue proceedings.
In its ruling, the Supreme Court found the continued pursuit of the matter to constitute an abuse of court process a determination Mukondiwa said “speaks volumes about both the substance of the claim and the quality of legal counsel underpinning it.”
“This finding is not merely procedural; it is a substantive indictment of a strategy that sought to weaponise the courts for ends that were neither commercially nor legally justifiable,” he said.
Duration Gold was represented by Tawanda Zhuwarara, whose handling of the matter Mukondiwa credited as “meticulous, disciplined, and firmly anchored in law.”
He added that while the drawn-out litigation had temporarily stalled critical expansion initiatives at Vubachikwe Mine, the finality of the Supreme Court ruling now clears the path for renewed investment.
“The interruption occasioned by this litigation regrettably delayed key projects tied to scaling up operations and production,” Mukondiwa said.
“However, the demise of this flimsy and poorly executed legal challenge removes the proverbial sword of Damocles that had been hanging over our operations.”
“With legal certainty restored, Duration Gold can now move decisively to invest, recapitalise, and enhance production at Vubachikwe Mine without let or hindrance.”
Mukondiwa concluded that the case serves as a powerful signal to both domestic and international investors.
“It affirms that Zimbabwe’s courts are not a theatre for opportunistic litigation, but rather institutions of justice that safeguard lawful enterprise. That assurance is invaluable.”
