Bulawayo High Court judge Justice Maphios Cheda has set aside an order barring Buhera North Zanu PF MP William Mutomba’s firm from mining gold at Chaka (Gold) Plant, just outside Kwekwe.
The order overturns an earlier interdict by Justice Lawrence Kamocha barring Midkwe Enterprises from mining at the site, arguing ownership of Chaka Gold Plant was being contested in court by Kwekwe Consolidated Gold Mines (KCGM).
Part of the order reads: “(KCGM and Messenger of Court) be and are hereby interdicted from disturbing (Midkwe)’s operations at Chaka Gold Plant and its mining claims especially using court order under case Number HC 683/12 against Midkwe.”
On March 2, Justice Kamocha granted a provisional interdict stopping Carslone Enterprises and Midkwe from carrying out any mining activities at Chaka Plant following the expiry of a tribute agreement with KCGM on February 3.
Midkwe through its other director Smelly Dube immediately approached the same court accusing KCGM (1st respondent) of misleading the court by providing false information before Justice Kamocha.
“Knowing fully well that Carslone (Pvt) Ltd departed from the plant, the 1st Respondent proceeded to obtain an interdict requiring Carslone to stop operations when it is no longer at the plant . . . the cancerous dishonesty of KCGM is apparent and may continue to be orchestrated on (Midkwe) until cure is granted by the courts,” reads part of Dube’s affidavit.
Dube said the urgent High Court matter against Carslone brought before Justice Kamocha by KCGM should also have cited Midkwe Minerals.
“It is only proper that KCGMshould have cited Midkwe Minerals since they know of its occupation of the plant . . . the provisional order I should mention was obtained without laying bare the real facts on the ground,” wrote Dube.