×
NewsDay

AMH is an independent media house free from political ties or outside influence. We have four newspapers: The Zimbabwe Independent, a business weekly published every Friday, The Standard, a weekly published every Sunday, and Southern and NewsDay, our daily newspapers. Each has an online edition.

‘Kurotwi action not criminal’

News
CORE Mining and Mineral Resources lawyer, Beatrice Mtetwa has approached the president of the Law Society of Zimbabwe seeking the appointment of an arbitrator and to have the criminal charges against Lovemore Kurotwi thrown out.

CORE Mining and Mineral Resources lawyer, Beatrice Mtetwa has approached the president of the Law Society of Zimbabwe seeking the appointment of an arbitrator and to have the criminal charges against Lovemore Kurotwi thrown out.

CHARLES LAITON

Mtetwa has argued, basing on the nature of the contract between Zimbabwe Mining Development Corporation’s (ZMDC)and Core Mining, that the matteris civil and not criminal.

In a letter dated December 21 2012, Mtetwa requested the appointment of an arbitrator to resolve the stalemate between Core Mining and Marange Resources.

According to the agreement by the two parties, no matter between them must be criminalised, but the case had been taken to the criminal court, a development which Core Mining lawyers now contest.

Mtetwa submitted that the agreement between the contracting partners does not provide for any other institution to preside over its breach except an arbitrator appointed by the Law Society.

ZMDC entered into a joint diamond mining project with Core Mining and formed Canadile Miners, while representing Marange Resources, after signing an agreement that was ratified by Minister of Mines ObertMpofu and the Attorney-General’s office.

Parties to the agreement dated July 24, 2009 were; ZMDC as Marange Resources guarantor, Marange Resources (pvt) Limited, Core Mining and Minerals (Pvt) Limited, Subithry Naidoo and Licht Yehuda as Core Mining guarantors.

The agreement, however, stipulated that any dispute or differences that might arise between the partners would be referred to an arbitrator for determination.

“Any dispute or differences which may arise as a result of the interpretation or application of this agreement which cannot be amicably resolved within a period of 30 days shall be referred to arbitration in terms of the Arbitration Act,” the agreement reads.

“The arbitration shall take place under the auspices of the Commercial Arbitration Centre at Harare…the parties shall agree on a single arbitrator within seven days of the matter being referred to arbitration, failing which the arbitrator shall be appointed by the president of the Law Society of Zimbabwe.”

Kurotwi is currently on trial charged for allegedly causing government a $2billion prejudice following his firm’s reported failure to inject the said amount into the joint venture.

His trial alongside former ZMDC chief executive Dominic Mubaiwa continues on January 18 next year.