Drumgold Mine takes minister to court

Mashudu Netsianda, Senior Court Reporter
VANSBURG Drumgold Enterprises has taken the Minister of Mines and Mining Development Walter Chidhakwa to court challenging the suspension of mining operations at Dundrum Mine in Zhombe, in the Midlands province.

The company has been involved in a series of legal battles with various people who are also claiming ownership of the mine.

Mr Milton Marufu, who also claimed to be the owner of the disputed mine, had earlier accused Vansburg Drumgold of looting minerals from his goldfields.

The Bulawayo High Court recently blocked Vansburg Drumgold from accessing proceeds derived from the sale of gold ore worth $1,8 million to Fidelity Printers and Refiners following an application lodged with the court by Mr Marufu. On Thursday, the director of Vansburg Drumgold, Mr Armstrong Mapanga, filed an application at the Bulawayo High Court citing Minister Chidhakwa; the Midlands provincial mining director, Mr Malcom Mazemo and the Permanent Secretary in the Mines Ministry Professor Francis Gudyanga, as respondents.

Mr Mapanga, through his lawyers, Mkushi and Maupa Legal Practitioners, is seeking an order nullifying a decision by the Mines Ministry to suspend his operations at Dundrum Mine.

He also wants an order declaring his company the rightful holder of two mining claims at Dundrum Mine registered under certificate numbers 30371 and 30372.

Mr Mapanga, in his founding affidavit, said Mr Mazemo had no legal basis to suspend operations at the mine, arguing that he was the legal holder of the mining claims.

“The applicant’s entitlement to the rights and interests to and in the mining claims is undisputed. The first respondent (Mr Mazemo) wrote to the applicant suspending mining operations on the basis that they were doing unspecified assessment. The first respondent had and still has no legal basis to suspend operations on the applicant’s mining claims, more particularly considering its previous confirmation that the applicant is the lawful owner of the mining claims,” said Mr Mapanga.

He said the provincial mining director did not furnish him with the reasons justifying the suspension of mining operations at Dundrum Mine. Mr Mapanga said he has since appealed to Minister Chidhakwa who has not yet responded. He argued that Mr Mazemo’s unilateral decision to suspend operations was grossly misdirected.

The certificates were not surrendered but were handed to the first respondent with a view of being returned after the so called assessment,” he said.

@masnets