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Mzembi fights back

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TOURISM minister Walter Mzembi and his co-applicants Irvine Dzingirai and Obadiah Mazombwe have filed an appeal at the Supreme Court against the High Court judgment ejecting them from RioZim’s Renco Mine.

TOURISM minister Walter Mzembi and his co-applicants Irvine Dzingirai and Obadiah Mazombwe have filed an appeal at the Supreme Court against the High Court judgment ejecting them from RioZim’s Renco Mine. SENIOR COURT REPORTER

In a notice of appeal dated February 11 2013 under case number SC24/13, Mzembi through his lawyer Jonathan Samkange said judge Justice Hlekani Mwayera should not have heard and determined the matter which was purely a labour dispute.

Mzembi, together with his colleagues, denied they were in possession and control of the mines and could therefore not possibly have dispossessed RioZim.

Mzembi further said his involvement at Renco Mine, together with his colleagues, was at the instigation and request by RioZim Limited itself and as such Justice Mwayera erred in concluding that they dispossessed RioZim of its mine.

“The real dispute involves the workers and the community of Renco Mine viz-a-viz the Respondent (RioZim). The court a quo erred in granting relief against the appellants (Mzembi, Dzingirai and Mazombwe) when in fact, such relief does not resolve the real dispute between the parties,” read part of the grounds of appeal.

On Monday this week, Justice Mwayera ruled in favour of RioZim and ordered Mzembi to immediately vacate its premises after allegedly taking its operations under the guise of resolving a labour dispute.

Justice Mwayera, however, criticised Mzembi, Dzingirai and Mazombwe for allegedly urging and abating the takeover of the mine saying their actions were contrary to the indigenisation laws of the country.

In her judgment Mwayera said: “The facts of this case clearly show unlawful invasion and dispossession of a legally incorporated entity under the guise of resolving a labour dispute as if there are no labour laws in this country, or under the guise of being parliamentary representatives of the constituency in what is clear self-help and disregard of the law that the respondents first and second are part and parcel of its making.”