The Botswana Mine Workers Union (BMWU) has welcomed a Court of Appeal judgment that overturned a High Court decision relating to the sale process of Mupane Gold Mine.
In a unanimous ruling delivered in Gaborone on 28 May 2026, the Court of Appeal upheld appeals brought by Kopanang Thekiso, acting in his capacity as Liquidator of Mupane Gold Mining (Pty) Ltd, and the Nova Africa Resources (Pty) Ltd/AONE Commodities DMCC Joint Venture against Ulsan Botswana (Pty) Ltd and others.
The court ordered that both appeals be upheld with costs against Ulsan Botswana (Pty) Ltd, set aside the High Court decision, and dismissed Ulsan Botswana’s application for an interim interdict with costs.
The judgment clears the way for the continuation of the Mupane Gold Mine sale process, which had been delayed by the interim interdict proceedings.
In a statement, BMWU said the ruling was significant for former employees of the mine, many of whom have been awaiting the resolution of outstanding employment-related claims following the mine’s liquidation.
According to the judgment, the court found that the legal requirements for the granting of interim relief had not been met and that the continuation of the interdict was not justified under the circumstances of the case.
The union highlighted remarks made by Justice Ian Kirby Lesetedi in the judgment, where the court noted that the High Court had not considered the welfare of former Mupane employees whose unpaid wages had contributed to the circumstances that led to the mine’s liquidation.
According to the judgment, the court found that the legal requirements for the granting of interim relief had not been met and that the continuation of the interdict was not justified under the circumstances of the case.
BMWU said it expects the ruling to facilitate the completion of processes related to the sale of the mine and the settlement of outstanding claims by former employees. These include unpaid salaries, benefits, severance packages, pension-related obligations and other monies owed.
The union also called on all parties involved to respect the Court of Appeal’s decision and avoid actions that could further delay the resolution of the matter.
BMWU further expressed hope that any future purchaser or investor would consider employment creation opportunities and the possible re-engagement of former Mupane employees who previously worked at the operation.
The union noted that it had played a role in representing workers during the period when wages went unpaid and that its legal intervention contributed to the liquidation proceedings.
The Court of Appeal ruling marks a significant development in the long-running dispute surrounding Mupane Gold Mine and is expected to influence the next steps in the mine’s sale process and the resolution of employee claims.
