A BULAWAYO-BASED mining company, Umguza Black Empowerment Syndicate, has petitioned police Commissioner-General, Godwin Matanga, over the invasion of Wolly-Dog Mine. In a letter dated August 8 addressed to Matanga, copied to President Emmerson Mnangagwa, the mining syndicate represented by its lawyers from Dube Legal Practice protested failure by police to enforce a court order to evict the invaders.
“We act for and on behalf of Ishmael Moosa Lunat and Umguza Black Empowerment Syndicate, kindly note our interest. On April 3, 2023, Umguza Black Empowerment Syndicate obtained an order against Charles Mabhena, Israel Gatsheni, Tawanda Zhou, Messenger of Court and Officer-in-Charge Queens Park under Bulawayo CD 908/23. This order was executed by the messenger of court who evicted the respondents from Wolly-Dog Mine,” the letter read.
“On April 17, Mabhena was charged for contempt of court under docket CR66/04/23 and for malicious damage to property under CR63/04/23. Further on April 17 he was investigated for theft of gold ore by Queens Park police station under CR43/04/23.
“To date nothing has come out of these police investigations. In fact, police seem to be colluding with Mabhena four months later.”
The letter is also copied to Vice-President Constantine Chiwenga, Home Affairs minister Kazembe Kazembe, Commissioner-General, Deputy Commissioner-General Operations, Deputy Commissioner-General Crime and Provincial Officer Commanding Bulawayo.
The Magistrates Court ordered the eviction of Mabhena and his associates on June 10. Mabhena appealed at the High Court, but his application was dismissed.
“Again on July 21 our client obtained an order CD2071/23 ordering national agents to stop interfering with their mining operations,” the lawyers said.
“To our client’s shock and surprise despite at least seven magistrate and High Court matters in their favour, which are still extant, binding and valid, on August 3 Mabhena with the assistance of Chief Superintendent Madonko, unlawfully evicted our clients from Wolly-Dog Mine.
“Our client’s private security was subsequently chased away from the mine and (they) started illegally mining. We therefore make this complaint against deliberate inaction by police at Queens Park, the Dispol Suburban District and Minerals and Fauna Unit, Bulawayo.”
The syndicate said police had ignored court orders in its favour and had allowed illegal mining to take place. Lawyers representing the mining syndicate said there had been no response from Matanga.
