Mupane creditors grow uneasy as appeal drags on
Lewanika Timothy | Monday April 13, 2026 06:00
The creditors are owed more than P345 million, including about P49 million due to workers represented by the Botswana Mineworkers Union (BMWU), yet the matter remains unresolved months after it was escalated to the Court of Appeal (CoA).
Following the delay, Lawyers representing the preferred bidder, Nova Africa, this week formally wrote to the court, raising concerns about the matter and warning that the continued lapse risks undermining the intent of the expedited order.
The attorneys noted that despite repeated follow-ups since March, no substantive response has been received regarding the scheduling of the appeal. They argued that the delay was now rendering the court’s earlier directive ineffective and called for urgent intervention to move the matter forward.
“Our client is concerned at the fact that, notwithstanding the length of time that has since lapsed since the date of our letter aforesaid, and our numerous unrelenting follow-ups of the same with your office, we are yet to receive any substantive response whatsoever to the contents thereof,' the lawyers wrote.
In a response issued this week, the CoA acknowledged the correspondence and indicated that a hearing date will be allocated in due course, offering limited relief to creditors seeking certainty.
The delay has raised concern among creditors, some of whom are reportedly facing financial distress while awaiting payment from the defunct mine.
At the centre of the dispute is a contested sale process, which has pitted competing bidders against each other and drawn in the liquidator, effectively stalling any resolution that would unlock payments to creditors.
The CoA had, in December 2025, ordered that the matter be heard on an expedited basis. However, more than three months later, no hearing date has been set, prompting frustration from parties involved in the transaction.
The dispute stems from a High Court decision in Lobatse, where Justice Reuben Lekorwe interdicted the sale of Mupane’s assets following a challenge by Ulsan Botswana, one of the bidders in the process. Ulsan had raised concerns about alleged irregularities in the tender process, including claims of noncompliance and the handling of bids.
The liquidator, Kopanang Thekiso, had recommended selling the mine to Nova Africa, a consortium offering $21 million, significantly higher than Ulsan’s initial offer. Creditors subsequently approved the transaction.
However, the High Court ruling halted the process, pending a full review of the dispute, effectively freezing the sale and delaying payments for creditors. The matter was later escalated after the liquidator was granted leave to appeal, with the court noting that key issues in the case would be best determined at the Court of Appeal for finality.
Beyond the delayed payments, ongoing care and maintenance of the mothballed mine continues to drain resources, with costs estimated at around P130,000 per month. Legal expenses are also mounting, with projections suggesting bills could reach close to P5 million as the case progresses.
The BMWU has been particularly vocal, previously describing the protracted legal battle as a “cat and mouse game” that continues to jeopardise workers’ livelihoods. Many former employees have now gone over a year without receiving their terminal benefits following the mine’s closure.
Mupane, which was the country’s sole gold mine, ceased operations in 2024 following a cash flow collapse, leading to liquidation proceedings in early 2025. The subsequent sale process attracted interest from multiple bidders, but disputes over the process have since derailed efforts to conclude the transaction.