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Mashudu Netsianda, Senior Court Reporter
ZANU- PF legislator for Mbizo, Cde Vongaishe Mupereri has approached the Supreme Court challenging the decision of the High Court directing the Ministry of Mines and Mining Development to stop granting anyone mining rights at Gaika Gold Mine in Kwekwe.
Cde Mupereri was accused by the mine manager Mr Carel Hendrick Meyer of violently attempting to take over the mine from its owners and violating property rights by allegedly inciting a group of people to unlawfully enter the mine.
Two months ago, Bulawayo High Court judge Justice Nicholas Mathonsi ordered Cde Mupereri to desist from inciting and inflaming any person or persons from entering the premises of Gaika Mine.
The judge also directed Fidelity Printers and Refineries to stop dealing with anyone other than DGL Investments Number Two (Pvt) Ltd, the owners of the mine.
He also ordered the Ministry of Mines and Mining Development to temporarily suspend issuing any mining rights at Gaika Mine and solely deal with DGL Investments Number Two representatives.
The ruling by Justice Mathonsi followed an urgent application by DGL Investments Number Two citing Cde Mupereri, Police Commissioner-General Godwin Matanga, Mines and Mining Development Minister Winston Chitando and Fidelity Printers and Refineries as respondents.
Cde Mupereri through his lawyers Magodora and Partners has filed a notice of appeal challenging Justice Mathonsi’s judgment.
In papers before the court, the legislator cited DGL Investments Number Two, Comm-Gen Matanga, Minister Chitando and Fidelity Printers and Refineries as respondents.
In his grounds of argument, Cde Mupereri said the judge erred and misdirected himself, arguing that there was no evidence to prove that he incited people to enter the disputed mine.
He seeks an order nullifying the provisional order granted in favour of DGL Investments Number Two by Justice Mathonsi.
In March, Mr Meyer approached the High Court seeking an interdict on the illegal activities that violated property rights.
In his founding affidavit, he said more than 200 people marched to the mine on February 23 and violently took over the mine at the instigation of Cde Mupereri before they entered the mine pit.
He said a number of people were injured and subsequently hospitalised during the skirmishes.
Mr Meyer stated in court papers that police refused to intervene, saying the matter was political.
Cde Mupereri said Gaika Gold Mine ceased operations in 1998 under unclear circumstances, and the local community ownership scheme was only trying to re-open it.
He said the community ownership scheme is the brainchild of youths in the gold rich town who expressed willingness to work with the mine owners.
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