Court delivers setback in Pondai Dengu's bid to take over gold mine

17 June 2018 - 00:00 By NHAU MANGIRAZI

A Zimbabwe high court judge has blocked an attempt by Pondai Dengu, son-in-law of former lands and resettlement minister Douglas Mombeshora, to take over a gold mine in Mhangura.
Dengu had applied for an eviction order against Patson Tevera, the director of Hibernian 3 and 4 mines. Tevera is executor of the estate of the late Matthew Makara, to whom the mines were registered.
The eviction was likely to affect 65 workers at the mine.
Dengu and his partner Michael Maguvaza brought the court application, claiming Tevera was mining illegally.
Judge Isaac Muzenda struck the case off the urgent roll and ordered Maguvaza to pay costs.
In his founding affidavit, Maguvaza cited Tevera, Jonasi Mulanzi, the mine foreman, and Winston Chitando, the minister of mines.
Maguvaza was also seeking a provisional order to "enjoy peaceful mining rights" under a special grant on the 220ha Chebamba Ranch in Mhangura. He accused Tevera of being the ringleader of "illegal" gold miners, who he said had destroyed the environment.
Tevera, represented by lawyer Phillip Kufakwaro of Chiminya and Associates Legal Practitioners, said they had tried to engage Maguvaza since 2015 through administrative channels."But his attempt to evict us was dismissed by authorities who ruled in our favour to continue mining. It is shocking that the applicants say we are illegal miners, although we have been operating legally since 2006. As executor, I remain official operator at the mine," said Tevera.
"I am embarrassed that the applicant wants the court to grant a provisional order barring our mining operations when we have official documents of our operations."
They submitted updated documents as part of their supporting evidence.
"We do not need permission to mine gold from the applicant, just from the relevant authorities."
Meanwhile, villagers in the vicinity of the mine, in the remote area between Mhangura and Raffingora, said there had been some development through Tevera's assistance.
"Our community roads networks that were being neglected by Makonde rural council are now being rehabilitated through Tevera's community ownership drive," said Aaron Tom, the village head for Chembada.
"We are grateful that the courts ruled in his favour."
Neither Dengu nor Maguvaza could be reached for comment...

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