Online Reporter
Fungai Lupande
Mashonaland Central Bureau
A MINING dispute in Shamva has escalated into a legal controversy after aggrieved Shamva South legislator Cde Joseph Mapiki accused senior judicial officers, a legal firm and the Sheriff’s Office of manipulating court processes to obtain a default eviction order against a local miner whose operations he says sustain thousands of livelihoods and a community school.
In a formal complaint addressed to the Chief Justice, the Judicial Service Commission, the Sheriff of the High Court and the Law Society of Zimbabwe, Cde Mapiki alleges fraud, abuse of court process and serious procedural irregularities in High Court case HCH 2407/26 involving Deep Down Mining (Pvt) Ltd and local gold processing operator William Magora.
The legislator claims the alleged irregularities resulted in an eviction order being granted without Mr Magora ever being properly notified of the proceedings.
According to the complaint, the court summons cited Mr Magora’s address as House Number 4479, Chiwaridzo, Bindura.
However, the Sheriff’s Return of Service reportedly states that the summons were instead served at Mont Dor AB in Shamva on an employee identified only as “Agent Kasimbi.”
Cde Mapiki further alleges that the Return of Service bears another glaring inconsistency, identifying the issuing court as the High Court in Chinhoyi despite the matter having been filed and determined by the High Court in Harare.
The judge subsequently granted a default eviction order on July 8 after Mr Magora failed to enter appearance or file opposing papers.
The MP argues that the default judgment should never have been granted because the court allegedly relied on defective service documents.
He is calling for investigations into the conduct of T.I. Ndhlovu and Partners Legal Practitioners, representing Deep Down Mining, and Bindura Deputy Sheriff Maxwell Masunda, who completed the Return of Service.
Cde Mapiki describes the matter as extending beyond a private commercial dispute, warning that the outcome threatens livelihoods and vital community infrastructure in Shamva South.
He says Mr Magora’s mining enterprise employs more than 2 000 young people while supporting the establishment of Mont Dor Magora Primary School, a community education project that has rapidly expanded.
Last month, the legislator visited the school to assess progress on electricity installation by the Rural Electrification Agency.
During the visit, he said enrolment had already exceeded 300 learners, while earlier reports indicated plans for the school to cater for hundreds of pupils after Mr Magora donated classroom furniture for 250 learners and 12 teachers and initially waived school fees.
Cde Mapiki also mobilised approximately 200 textbooks valued at more than US$2 500 for the school.
The school forms part of wider community development initiatives that have seen the Rural Electrification Agency extend electricity to several schools across Shamva South, with additional institutions currently being connected.
The legislator argues that removing Mr Magora from the mining claims without due legal process could undermine these community investments.
He alleges the case reflects a broader pattern in which court processes are manipulated to dispossess local businesspeople through default judgments obtained without their knowledge.
The complaint has been lodged with the country’s highest judicial oversight bodies.
