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Chief Court Reporter
A South African businessman is embroiled in an acrimonious legal wrangle with local business partners over control of a gold mine in Bakwa, Hurungwe in Mashonaland West.
Mr Willem Lukas Rudolf Swart is in gold mining partnership with some local businesspeople he now accuses of employing dirty tactics to strip him of his majority shareholding in the companies.
Through his companies – Redstone Mining Corporation (Pvt) Ltd and Diaoil Mining (Pvt) Ltd – Mr Swart entered into partnership with Mutumwapavi Vengesayi’s company Naistash Investments.
But, the deal has gone sour with no hope of restoration.
Mr Swart this week approached the High Court and obtained an interim order blocking Mr Vengesayi and his allies from interfering with operations at Redstone and Diaoil mines, pending the finalisation of the mining deal.
Justice Nicholas Mathonsi granted the interim order against Mr Vengesayi and his allies on Wednesday.
“Pending the return date of this matter . . . the respondents (Mr Vengesayi and his allies) be and is hereby ordered not to harass and threaten the third applicant (Mr Swart) and the mine workers,” said Justice Mathonsi.
The judge also barred Mr Vengesayi and his co-respondents from removing any machinery from the two mines.
According to papers submitted at the High Court, Mr Swart argued that the deal went sour after Mr Vengesayi and his wife Agnes Mashakada through their company, Naistash Investments made an undertaking to inject $3 million into the joint venture, but failed to fulfil the obligation.
After the Vengesayis failed to meet their quarter, the Swart family reduced the amount to $1 million, which they again failed to pay.
The capital injection was again reduced to $700 000, but the Vengesayi family also failed to meet the suspensive condition and have not contributed anything to date.
According to the agreement, the shareholding structure in the group of companies would change to reflect the new holding once the Vengesayis met the agreement terms.
Through his lawyer, Ms Meme Zvimba of Zvimba Legal Practitioners, Mr Swart argued that instead of funding Diaoil Group (of Mines) Zimbabwe, Mr Vengesayi misrepresented to him and contributed a DAF truck, Land Cruiser pick-up and a compressor, which belonged to another company, Pitch Mining (Pvt) Ltd.
Later, the South African businessman claimed he started receiving calls from private numbers claiming that they were police officers from Karoi looking for him in connection with theft of the compressor.
Pitch Mining managing director, Mr Russia Muzanenhamo, also filed his supporting affidavit to Mr Swart’s claims.
Mr Vengesayi and his wife who are listed as respondents in the case strenuously opposed the urgent application.
Mr Swart has business interests in many countries in the region.
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