ANJIN FIGHT-BACK PUT ON ICE:
THE Constitutional Court has reserved judgment in the case in which ousted diamond producer Anjin Investments Private Limited is challenging the alleged breach of Chinese shareholders rights protection in terms of the Agreement on the Encouragement and Reciprocal Protection of Investments between the Government of Zimbabwe and China.
The Chinese firm — along with other diamond miners — were evicted from the Chiadzwa diamond mining fields last year as Government moved in to sanitise the sector.
But following a failed application at the High Court early last year, Anjin yesterday appeared before the Constitutional Court after having filed an application, in which they wanted to the court to set aside the High Court decision.
In an urgent chamber application filed at the High Court in March 2016, Anjin claimed that the forced shut down of its diamond mining operations and eviction from Chiadzwa was a breach of the Chinese shareholders’ rights protected in terms of the Agreement on the Encouragement and Reciprocal Protection of Investments between the governments of Zimbabwe and China.
Anjin’s lawyers said whilst it was the similar appeal that the High Court dismissed last year, there was a fundamental difference in terms of the legal consequences because of the “circumstances”.
However, the defendant — Minister of Mines and Mining Development Walter Chidhakwa, through his lawyers, raised objections for the case to be heard saying that the matter was improperly before the court, and that the case was “an appeal in disguise”.
The defendant also argued that Anjin should have appealed to the Supreme Court rather than bringing a Constitutional application to the Apex Court.
After hearing arguments from both parties, the judges unanimously agreed to reserve judgment on the preliminary points raised by Minister Chidhakwa.