Call for dialogue over SMM dispute

Mr Mutumwa Mawere and resolve ownership disputes for the good of workers and the economy.

The committee on Mines and Energy also asked the Speaker to make a determination on whether Justice and Legal Affairs Minister Patrick Chinamasa and State-appointed administrator Mr Afaras Gwaradzimba were not in contempt of Parliament.

Committee chairperson, Cde Edward Chindori-Chininga (Zanu-PF), on Wednesday said his committee felt that there was conflict of interest on the part of Mr Gwaradzimba and Harare lawyer Mr Edwin Manikai by accepting to act on behalf of Government when they were initially auditors and lawyer respectively for the mining giant during Mr Mawere’s reign.

Cde Chindori-Chininga was presenting a committee report on the state of affairs at the mine.
“The committee encourages the Government and Mr Mawere to enter into dialogue, negotiate and develop a win-win lasting solution that will allow the resuscitation of the two mines and allow a window of opportunity for investors to inject developmental capital into the mines,” he said.

MUTUMWA MAWERE AND SHABANI MASHAVA MINE

On the possible breach of parliamentary rules by Minister Chinamasa, Cde Chindori-Chininga said the minister had made a commitment under oath to present before the committee bearer share warrants for SMM.
The warrants would be used as proof of Government ownership of the firm but Minister Chinamasa failed despite three letters reminding him of the obligation.
“The Speaker should make a ruling on the actions of Mr Gwaradzimba and Minister Chinamasa who contravened provisions of Privileges, Immunities and Powers of Parliament Act,” he said.

In resolving the dispute, the committee urged the Government to be guided by a United Kingdom court judgment, which settled the ownership dispute when it ruled that Africa Resources Limited had legitimate title to the mining firm.

The committee said Government had failed to transfer ownership, despite the fact that it managed to take physical control of the firm.
It was also noted that the de-specification of Mr Mawere should mean restoration of his rights.
“The consequences of the de-specification must be self-evident and credible lest the instrument can easily be abused to deprive citizens of their right to property,” he said.

The Prevention of Corruption Act, said Cde Chindori-Chininga, protected specified persons from having their assets disposed.
He said there was need for harmony among Government ministries as there was no proper co-ordination in taking a decision to de-specify Mr Mawere.

This followed remarks by Minister Chinamasa that he was not consulted yet Home Affairs Secretary Mr Melusi Matshiya said all stakeholders were consulted including the Attorney General’s Office.
On Mr Manikai and Mr Gwaradzimba, the committee noted that their actions were inconsistent with best practices. The committee said the two should have recused themselves for their involvement in SMM during Mr Mawere’s reign.

“The committee’s position is that this is unprofessional and is not in line with best international practices,” he said.
The Reserve Bank of Zimbabwe, said Cde Chindori-Chininga, should recover US$2 million that it advanced to AMG Global for the acquisition of T & N in respect of SMMH but lost the bid.

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