KADOMA — A mine ownership wrangle between businessman Blessing Makiwa and Geraldine Ann Hewlett has sucked in police Commissioner-General Augustine Chihuri and Attorney-General Johannes Tomana, after police in Kadoma allegedly declined to enforce a High Court order stopping mining operations, until the matter had been finalised. Report by Own Correspondent
Hewlett is accusing Makiwa of invading the mine and defying a provisional High Court order directing him to cease mining operations at the disputed mine, Juno 33 Mining Claim, located at Handley Cross Farm in Kadoma Hewlett’s lawyer Valentine Mutatu last month wrote to Chihuri and Tomana demanding that they order police to stop Makiwa from conducting mining activities at the mine.
In his letters, Mutatu claimed the dispute arose after Makiwa started gold mining at the site while still negotiating a joint partnership with him.
The two parties later agreed to the cancellation of the tribute agreement, whose withdrawal was confirmed by Kadoma mining commissioner Byl Manyange.
Mutatu claimed Makiwa had continued mining at the site in defiance of a High Court order granted by judge Justice Nicholas Mathonsi early last month.
“Despite that withdrawal by the mining commissioner, Blessing Makiwa together with his associates, proceeded with illegal mining on the claim.
“Pursuant to that illegal activity, our client obtained a provisional order to interdict Blessing Makiwa from illegal mining,” said Mutatu is a letter dated November 23. “The Deputy Sheriff later approached the Acting District Police Commander Kadoma, who advised that his officer in charge of CID Gold Section had challenged and opposed applicant’s application through the Attorney-General’s Office Civil Division and as such, the police cannot enforce the order.
“It is important to note that the police is not an interested party in this matter and there is no reason why it cannot assist in the enforcement of the court order,” Mutatu argued.
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“We therefore approach your office for guidance, so that the issue may be clarified and that the court order may be enforced.
“What is most worrying is that according to the Deputy Sheriff’s return of service, attached hereto as Annexure A, the police indicated that the matter has been referred to your good offices to oppose the application. Kindly look into the issue and possibly advise the police to act in accordance with the court order.”
