Vusumuzi Dube
Vusumuzi Dube, Online News Editor
A MINE ownership dispute that had recently been resolved by the Bulawayo City Council (BCC) has taken another twist after the aggrieved individuals occupied an adjacent property and are now conducting illegal mining activities encroaching in the disputed 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In May, BCC rescinded an earlier resolution that had awarded Mrs Egphar Siziba consent to mine in the area located near Cement side after noting that she had applied for land that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 had already been awarded by the Ministry of Mines and Mining Development
Mrs Siziba had applied for 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.
However, it has since emerged that after having lost the grant, Mrs Siziba has since leased an adjacent service station and have commenced illegal mining activities, encroaching into the mine which they had been barred from operating.
In a letter sent to the local authority copied to the police officer commanding Bulawayo province and the Zimbabwe Electricity Transmission and Distribution Company Western Region, Mr Lunat’s lawyers, Dube Legal Practice, reveal that the duo have been operating 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 common cause that Mrs Egiphar 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 joint operations command for rule of law to prevail,” reads part of the letter.
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.
“Council, on 6 December, 2023 had resolved to give consent to Mrs Egphar Siziba to takeover and renew the special grant mining claim from her late husband Komelele Siziba. An offer letter dated 18 December 2023 was made to Mrs Egphar Siziba to enable her to apply for the special grant mining from the Ministry of Mines and Mining Development.
“Meanwhile, Council on 2 August 2023 had given another special grant mining consent to Mr Ishmail Lunat at Wolley Dog Mine who later applied and was granted the special grant mine claim number 7980 by the Ministry of Mines and Mining Development. Mr Lunat, through his lawyers, Dube Legal Practice, wrote to Council on 11 January 2024 objecting to consent given to Mrs Egphar Siziba arguing that the land applied for was within his special grant claim,” reads the report.
The local authority revealed that once they had received the objection, a site visit was organised where it was confirmed that Mrs Siziba had applied for land, which was within Mr Lunat’s grant.
“A site meeting held on 8 April 2024 comprising the officers from the Town Planning Department, Ministry of Mines, ZETDC, Mr Lunat representatives and Mrs Egphar Siziba to confirm beacons revealed that the land applied for by Mrs Siziba was indeed within the Special Grant claim given to Mr Lunat.
“On 9 April 2024, both Mr Lunat and Mrs Siziba were called separately together with their representatives to council offices where the outcome of the site visit was explained to them that it confirmed that indeed, Mrs Siziba had applied for land that was within the Special Grant given to Mr Lunat,” reads the report.
“Therefore, in view of the foregoing, the Council was now obliged to withdraw the consent given to Mrs E Siziba as the Ministry of Mines and Mining Development could not grant another special grant upon another grant, hence this report to withdraw the consent given to Mrs Siziba,” added the local authority in the report.
In her initial application, Mrs Siziba had submitted that she intended to take over the ferrying of dumps from Woodlock Mine to Homestead Mine (Cement Site) and had applied for a consent letter to enable her to apply for the special Grant from the Ministry of Mines and Mining Development.
Online Reporter