Shuntai appeals US$10 000 contempt fine

Published: 2 hours ago
Manufacturing firm Shuntai Investments has appealed against a US$10 000 fine imposed by the High Court for contempt of court in its ongoing legal battle with Bryden Country School over the construction of a cement plant in Chegutu.

The school, which is opposing the development, argues that the project poses environmental and community risks despite its potential to create at least 800 permanent jobs and help close Zimbabwe's cement supply gap.

In March, Bryden secured a temporary injunction halting construction, arguing that Shuntai did not have the required Environmental Impact Assessment (EIA) certificate. However, in April, the company obtained the certification, paving the way for its project to resume.

In its appeal to the Supreme Court, Shuntai's legal team argued that the contempt ruling was flawed, claiming there was no substantive evidence to justify the penalty.

"The court erred in finding the appellant in contempt in the absence of any expert or objective proof that the construction activities at Plot 8 Eastbourne, Chegutu, were intended for the establishment or implementation of the prohibited lime and cement factory project," the lawyers said.

They maintained that the High Court had misinterpreted the situation by inferring contempt solely from construction activity on site without clear evidence linking it to the prohibited project, or proof that such work took place after the March 25, 2025, order.

Shuntai's counsel further argued that the ruling leaned on alleged inconsistencies in the company's affidavit rather than hard evidence, stressing that contempt must be proven beyond a reasonable doubt.

They also criticised the US$10 000 fine as excessive, punitive and disproportionate, noting that the High Court failed to assess the company's financial capacity or explain how it arrived at the figure.

The Supreme Court is now set to determine whether Shuntai's arguments hold, in a case that has become a flashpoint between industrial development and environmental as well as community concerns.
- The Herald
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