Published: 3 hours ago

Chinese cement manufacturer Shuntai Investments (Private) Limited has been fined US$10,000 for contempt of court after failing to comply with a provisional order halting the construction of its cement plant near Bryden Country School in Chegutu.

The order, issued in March 2025 under case HCH 1326/25, directed Shuntai to immediately stop work on the proposed cement and lime factory at Plot Number 8 Eastbourne. The school had objected to the project, citing environmental and health risks for its pupils and staff.

Delivering judgment on Wednesday, Justice Samuel Deme ruled that Shuntai had "willfully belittled the court" by continuing with construction in defiance of the directive.

"An order that the first respondent is in contempt of court, coupled with a hefty fine, can only be necessary to deter the first respondent from continuing with the acts of breaching the provisional order issued by this court," Justice Deme said.

The Bryden Country School Trust, represented by Mr Innocent Nderere of Scanlen and Holderness, accused Shuntai of carrying on with substantial construction work, causing noise and air pollution that disrupted learning.

Shuntai argued that it had only put up temporary structures — a claim the court rejected after an inspection in loco.

"What was observed at the site cannot be imagined to be temporary structures at all. A big structure at the foundation stage cannot be construed to be a temporary structure," Justice Deme said.

The court dismissed Shuntai directors Yinliang Jia and Mingchang Xing from the application, upholding their preliminary objection that they were not parties to the original proceedings. Justice Deme emphasised the separate legal personality of companies, noting the corporate veil would not be pierced without compelling reasons.

Although Bryden sought costs on a higher attorney-client scale, the court ordered costs on an ordinary scale, saying no exceptional circumstances had been shown.

Mr Tonderai Mandizvidza of Masiya-Sheshe and Associates represented Shuntai and its directors.
- The Herald

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