Chronicle Editor
Sunday News Reporter
THE Bulawayo City Council (BCC) has intervened in a mine ownership dispute which had seen a neighbouring property owner taking advantage of a market gardening lease to conduct illegal mining activities into the mine.
In May, BCC rescinded an earlier resolution that had awarded Mrs Egphar Siziba consent to mine in the area located near Cement Side after noting that she had applied for land that was within a special grant claim that the Ministry of Mines and Mining Development had already awarded.
Mrs Siziba had applied to take over and renew a special grant mining claim. However, the local authority withdrew the consent after it emerged that Mrs Siziba had made the application on land that was within a special grant mine claim that belonged to Mr Ishamail Lunat.
A couple of weeks ago, Mr Lunat wrote to the local authority revealing that they had since awarded a lease for market gardening on a property next to his, to some of the individuals who had previously attempted to grab the mine from them.
Mr Lunat, through his lawyers, Dube Legal Practice, noted that the adjacent property owners were conducting illegal mining activities at the premise despite the council resolution and numerous court orders barring them from conducting such.
“We refer to the joint operations command minutes and findings dated 9 April 2024. It is a common cause that Mrs Egphar Siziba has reported illegal mining substitution.
“Surprisingly less than two months they have invaded Marvel Service Station and commenced illegal mining and have even encroached on to our client’s claim. This is despite numerous court orders in our favour and determination by the Joint Operations Command for rule of law to prevail,” reads part of the letter.
BCC corporate communications manager, Mrs Nesisa Mpofu has also since clarified the local authority’s position on the matter.
“Please be advised that the land referred as being adjacent to the piece of land leased to Mr Ishmail Lunat is Lot 1 of S/DA of Glengarry which is two hectares. Council (3 July 2002) resolved to lease the said piece of land to Mr Kona Konas Mabhena for the purposes of doing market gardening.
“The initial lease was signed on 24 December 2002. The lease subsisted until the passing on of Mr Mabhena in 2010 though council was only notified of the death in October 2023 when the surviving wife was now applying to take over the lease in terms of Council policy,” said Mrs Mpofu.
The council spokesperson revealed that on 7 February this year, the local authority had then acceded to the late Mr Mabhena’s widow to take over the lease for market gardening.
“The lease is for five years effective 1 April 2024. The lease is strictly for market gardening only and any other activity including mining is a violation of the lease agreement warranting cancellation of the same.
“Furthermore, the lessee was advised of the implications of conducting any other activity before signing the lease agreement. In conclusion, the lease agreement has enough controls for remedial action,” said Mrs Mpofu.
According to a council report, BCC had erroneously granted Mrs Siziba the consent in December last year, at a time when a special mine claim grant had already been awarded to Mr Lunat in August.
Bongani Ndlovu