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two Masvingo chiefs to stop Econet Wireless from constructing a base station on Sviba Hills near the Great Zimbabwe. Chiefs Murinye and Mugabe were also seeking an order compelling Econet to arrange and finance the reburial of some exposed human remains at the shrine.
Justice Joseph Musakwa ordered the chiefs to pay for the legal costs incurred by Econet in the failed application.
“I am therefore satisfied that the application lacks merit for want of urgency and is dismissed on that basis. The applicants shall pay the respondent’s costs,” ruled Justice Musakwa.
Harare lawyer Ms Meli Matshiya of Mtetwa and Nyambirai law firm represented Econet while Mr Lissen Zinyegere Mutumbwa Mugabe and Partners acted for the two chiefs.
In 2010, Econet and Masvingo Rural district Council entered into a lease agreement in respect of Sviba Hills near Great Zimbabwe.
The area measures 400 square metres.
The land was for the installation of a base station consisting of a 60-metre high tower and a container.
It was agreed that the lease would run from June 1, 2010 to May 31, 2019.
Econet started civil works in June 2011.
Excavation exposed some human remains in November 2011 and Econet engaged Masvingo Rural District Council as well as Chief Murinye.
Chief Murinye demanded compensation in the form of two cattle.
He also demanded Econet to construct a homestead for him as compensation.
Econet was to meet the costs for restoration of the damaged graves.
The chiefs contend that Econet did not consult them when it embarked on the project.
In an opposing affidavit by Econet general counsel Ms Sheila Mugugu, the two chiefs sat in council meetings where the lease of the land was discussed and approved.
The chiefs, according to Econet, knew of the agreement and that they had a long time to contest it.
She stated that the exposure of the remains was purely accidental because Econet did not know that there were graves on the hills.
Econet also argued that it got permission from the National Museum and Monuments of Zimbabwe to resume construction work on site in September this year when the chiefs took the matter up to the High Court.
The mobile phone service provider argued that the matter was not urgent because the chiefs were aware of the project since July 2010 but did not bother to challenge it.
Even after the exposure of the remains, the chiefs did not do anything to stop the construction, Econet argued.
Online Reporter