KWEKWE Consolidated Gold Mines (KCGM) which has been embroiled in a four year ownership dispute over gold rich Chaka plant and mine with Midkwe Minerals has approached the Constitutional Court seeking a speedy resolution to the matter.
Midkwe Minerals, which according to papers filed at the High Court is owned by Zanu PF Buhera North William Mtomba and Smelly Dube, lost its claim to ownership of the mine and plant when the Supreme Court dismissed an appeal by Midkwe Minerals against a High Court ruling which was in favour of KCGM last.
In September last year, Chief Justice Godfrey Chidyausiku sitting with Justice Vernanda Ziyambi and Justice Andrew Mutema concurred that Mtomba, Dube and Midkwe Minerals had no right or claim to Chaka Plant and Mine before dismissing the appeal.
The ruling was, however, challenged by Midkwe Minerals who took the matter to the Concourt in September last year on grounds that the last court of appeal had violated the company’s constitutional right to a fair hearing.
Lawyers representing KCGM have now written to the Chief Registrar of the ConCourt requesting that the matter be urgently dealt with in terms of the law.
“We have noted that the set down of the purported appeal to the Constitutional Court is taking too long while the Appellant (Midkwe Minerals) is enjoying use of our clients gold plant,” reads part of the letter marked VM/114/MC.
KCGM has also applied for an execution of the Supreme Court judgment pending the Concourt appeal by Midkwe saying the longer the process takes the more they lose in production time and life span of machinery.
“It is on this basis that we are seeking the direction of the Honourable Chief Justice (Godfrey Chidyausiku) on the aspect of execution of our judgment pending appeal,” read the letter signed by Valentine Mutatu.