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Pamela Shumba Senior Reporter
A BUSINESSMAN embroiled in a bitter mine ownership dispute in Fort Rixon has been arrested over the shooting of a miner at a time when his rivals have approached the courts seeking the eviction of police officers camped at the mine.Blessing Ndiweni was picked up by the police together with one of his accomplices only identified as Masunda and they are being charged with the murder of Ernest Mudenda, 31, at Zulu 8 Mine two weeks ago.
The conflict over Zulu 8 Mine situated in Pioneer Village, Matabeleland South Province, involving businessmen Virimai Nyamwiwa and Ndiweni has been raging for years. It has spilled into the courts.
As the mining dispute reached a crescendo, Mudenda was shot by Ndebele under the armpit and the bullet ripped through his chest, exiting through the other armpit.
Both parties have since been stopped from conducting any mining activities at the mining claim and police officers have been deployed there.
Nyamwiwa, who claims to be the lawful owner of the claim, has since filed an urgent application at the High Court seeking the eviction of the police at the mine so that he continues with mining activities.
According to court papers in Chronicle’s possession, Ndebele and Masunda have since been arrested over the fatal shooting.
In the court application, Nyamwiwa argues that the police have no right to stop him from operating at Zulu 8 Mine.
“On December 12, Ndiweni in the company of Masunda, the head security of Megafest Security Company and others, invaded Zulu 8 mining claim at 3AM and forcibly evicted my workers. During the unlawful eviction, they met resistance from the workers. Ndiweni fired gunshots and killed Mudenda.
“After Mudenda’s death, Ndiweni and Masunda were arrested and charged with murder. The Criminal Investigations Department, Homicide Bulawayo is in charge of this investigation,” said Nyamwiwa.
“Pending investigations by the CID homicide Bulawayo, the Officer-in-Charge of Fort Rixon under the instructions of the Officer Commanding of Matabeleland South, has unlawfully and without any due cause instructed the rightful owners of the mine to vacate the mining claim.”
Nyamwiwa said police officers were manning the mining claim to make sure that no mining activities were carried out yet they are not in possession of a court order restricting access to the claim.
He added that it was unfair for the police to deny him access to his property. “Under the new constitution, no person must be deprived or evicted from the property without lawful order from a competent court. There is no court order that directs us to stop any mining activities or to vacate Zulu 8 Mine,” said Nyanyiwa.
Therefore, he added, the police should be ordered to immediately vacate Zulu 8 Mine.
Nyamwiwa said the CID Homicide Bulawayo told them that there was no harm in them continuing with their mining activities as they had gathered all evidence that they needed from the crime scene.
“The police officers have erected a tent at Zulu 8 Mine to make sure that my employees do not carry out mining activities. The police do not have a court order that directs my workers to vacate the area. According to the new constitution, no person must be deprived or evicted from their property without a lawful order from a competent court.
“There is no court order that directs workers to stop any mining activities or to vacate the premises of the mining claim,” he said.
Nyamwiwa argued that the police should give reasons why they were manning the mining claim, adding that he had tried to engage senior police officers in Matabeleland South but they have not been forthcoming.
Online Reporter