Kwekwe miner’s chamber application set for Monday

urgent chamber application seeking an order against the police to remove their personnel from his mining claim.
Bulawayo High Court judge Justice Maphios Cheda raised a number of queries and once the last query had been addressed and the respondents served with the application, set the hearing for Monday morning.
The respondents are Chief Superintendent Chituku, Superintendent Hita, Detective Inspector Mastock and Cde Owen Mudhu Ncube, who is the Zanu-PF Midlands provincial secretary for security.
In his founding affidavit filed by his lawyers Gunda and Dube, Chipwanyira says the police commanders are cited in the application because of their role in the deployment of police in the area, which is now the subject of the court application.
Ncube, he says, has been cited because he deployed youths to the mine who are now “looting” gold.
He is the owner of a gold claim E & S 15, Sherwood Block in Kwekwe.
He states that on 21 December last year he temporarily shut down operations for the festive season and was set to commence on 3 January 2012.
“On 3 January I observed that the whole of Sherwood area had been invaded by illegal gold panners who had taken advantage of the temporary absence of the owners of the mining claims in the area.
“As a result of the invasion, the respondents deployed officers and hundreds of Zanu-PF youths and other youths to the claim. Initially I accepted the idea believing the move was meant to protect my interests,” wrote Chipwanyira.
He claims that the respondents directed the police officers and youths deployed at his claim to deny him access adding that from the date of deployment he has not managed to access the mine and conduct any mining operations.
Chipwanyira further claims that the police officers and youths deployed at the claim have turned out to be illegal gold panners as he saw some youths holding mining equipment in the form of picks and shovels.
He states that between 14 and 15 January this year hundreds of illegal panners were seen looting from his gold claim.
Chipwanyira now wants the respondents to be ordered to allow him access to his gold claim and forthwith allow him to resume mining activities.
He further wants the respondents to be ordered to remove all military police and youth militia personnel from the mine and that the respondents be ordered not to dispose of all the gold in their possession until the finalisation of the matter.
Mr Chipwanyira says he has not been informed how long the operation would take but was informed that there was some looted gold, which the police at Kwekwe Central Police Station are holding purportedly for safekeeping.
Despite being armed with a confirmation letter from the Mining Commissioner’s office that he is the legitimate owner of the claim, Mr Chipwanyira says on 13 January he approached the respondents but they denied him access to the mine or to enter the claim to assess damage done by illegal gold panners.