Battle over Mupane heads to CoA
Mbongeni Mguni - Oarabile Mosikare | Wednesday November 12, 2025 06:00
Justice Reuben Lekorwe of the Lobatse High Court recently interdicted the sale of the gold mine, siding with one of the bidders, Ulsan Botswana, which claimed irregularities in the process used to award Nova Africa the rights to purchase.
Nova Africa, which was offering $21 million as a once-off payment, is a newly registered company with 49% held by citizens with mining and technical backgrounds, and the balance owned by a Turkish firm. Ulsan, also from Turkey, had offered $500,000 to buy the site and said it could offer a final price of up to $15 million when it concluded its due diligence.
Last Tuesday, Lekorwe ruled in favour of liquidator, Kopanang Thekiso’s application for leave to appeal the interdict, finding that there were reasonable prospects of success at the superior court.
“Whilst I am of the view that the issue of locus standi is not cut and dried as the applicants suggest, I tend to agree with them that perhaps my determination that leave was not required for an interim interdict and that non-joinder was not fatal, are final and definitive of the rights of parties,” the judge said.
He added: “I cannot revisit and possibly alter these findings, and neither can any subsequent judge of cognate jurisdiction who is going to deal with the review proceedings in due course.”
Essentially, Lekorwe ruled that his original findings would be best examined in the Court of Appeal for finality to all parties in the matter.
For creditors, however, the passage of the dispute to the Court of Appeal, as well as the possibility that Ulsan is pursuing a separate review application, means a much longer wait for funds from the suspended mine.
The Botswana Mineworkers Union (BMWU), in particular, is owed P49 million in workers’ unpaid dues and benefits, whilst collectively, creditors are owed more than P300 million. It is reported that some creditors have even been liquidated themselves while waiting for their dues from Mupane.
Last week, a meeting of creditors discussed options such as contributing to the ongoing legal action as well as how to continue funding the care and maintenance activities required to keep Mupane secure and ready to be reopened by the winning bidder. Creditors also reportedly discussed registering their own company and taking over the mine themselves, whilst others suggested the entire sales process be restarted.
Some also suggested facilitating a direct auction between Ulsan and Nova Africa.
“It is estimated that the care and maintenance costs for Mupane are about P130,000 per month, while the legal bill going forward may get to P4.9 million. “Many creditors are struggling to contribute to this and want a resolution of this matter as quickly as possible,” an insider at the recent creditors’ meeting said.
The BMWU recently slammed the extended legal battle over Mupane, describing it as a “cat and mouse game” that was jeopardising workers’ livelihoods.
“It has been over a year since the liquidation of Mupane Gold Mine, and employees have not been paid their terminal benefits,” BMWU general secretary, Mbiganyi Gaekgotswe, said in a statement recently. “This legal cat and mouse is impacting employees’ lives.”
From its official discovery in 1998, Mupane was the country’s sole gold mine, grouping historic small pits into a larger operation. The mine has changed ownership three times, eventually falling to a majority-citizen-owned group, which suspended operations last year, saddled by various financial and market-related challenges.
Creditors eventually successfully filed for the mine’s liquidation, sparking interest from bidders who are now scheduled to engage at the Court of Appeal.