High Court Rules Son Must Vacate Tumai Mining Claims in Family Dispute

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The High Court has ruled that Wambutso Donald Makoni must vacate eight lucrative mining claims at Tumai that he previously managed on behalf of his father, Donald Sarudzai Makoni. Justice Maxwell Takuva delivered the judgment, concluding a bitter dispute between father and son marked by allegations of betrayal, misappropriation, and contested legal authority.

Donald Sarudzai Makoni, a miner recovering from a debilitating stroke, was found by the court to remain mentally competent. Justice Takuva said, “He may have suffered a stroke, but his mind is sharp. Mental clarity does not vanish with physical affliction. The applicant remains fully competent to revoke the power of attorney and to seek redress through the courts.”

The dispute centres on a revoked special power of attorney granted by the elder Makoni to his son to manage the family’s mining interests. The court heard that Wambutso, acting under this now revoked authority, allegedly sold some mining claims and retained a US$20,000 deposit without his father’s consent.

Upon discovering the transactions, the elder Makoni revoked the power of attorney and demanded that his son vacate the claims. Wambutso contested the revocation, arguing that his father’s physical condition rendered him legally incapable and recommended the appointment of a court curator to manage his father’s affairs.

Justice Takuva dismissed this argument, stating, “The law does not presume mental incompetence from physical disability.” He further declared, “The applicant’s capacity to instruct legal counsel and to revoke the power of attorney stands unshaken. The first respondent no longer holds any legitimate claim to the property.”

The court ordered Wambutso and any persons occupying the mining site under his name to vacate within 14 days. Failure to comply will lead to eviction enforced by the Sheriff, and Wambutso was ordered to bear full legal costs of the proceedings.

This case highlights the importance of respecting property rights and legal authority within families. The ownership and control of the Tumai mines and associated gold reserves have now been restored to Donald Sarudzai Makoni. The judgment reinforces that power entrusted must not be abused, and familial ties do not override the rule of law.

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