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Kwekwe City Council accused of grabbing mining claims

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KWEKWE Consolidated Gold Mines has accused Kwekwe City Council of grabbing several of its mining claims and has since filed an application at the Bulawayo High Court seeking the return of its properties.

KWEKWE Consolidated Gold Mines has accused Kwekwe City Council of grabbing several of its mining claims and has since filed an application at the Bulawayo High Court seeking the return of its properties.

BY SILAS NKALA

In his founding affidavit, Emmanuel Toga Nhamo, the managing director of the company, submitted that the company was registered owner of mining claims namely John Bull No G156, Globe Parallel G 2039, Globe B493, Juno G 402, November No G4177, Chicago No 4031, and Phoenix West Parallel No G2069.

He said the mining claims were current and active in compliance with the mining laws of Zimbabwe.

“In December 2016, applicant discovered that there were some unusual activities in their claims in particular John Bull No G156. It was observed that there was some bush clearance resulting in claims beacons replacement and there was also structured building material on site,” Nhamo said.

“The second respondent (one Majoni) was refurbishing an existing bar which used to be operated by first respondent (council) and was erecting concrete structures and a wrought iron perimeter fencing around the bar. The area fence is measuring 10 000 square metres within the applicant’s aforesaid mining claim. The third respondent (Lloyd Mukucha) had duly stocked building material on a site within the applicant’s mining claims, but had not commenced any construction work.”

Nhamo submitted that the company sought clarification over the occupation of its mining claims advising the respondents to stop work at the site.

He said it emerged that the council had allocated the second respondent (Patricia Majoni) the land.

Nhamo said the local authority had no right whatsoever to do so as the company had never contemplated to relinquish its rights of ownership of the claims and was paying relevant inspection fees to the Mining ministry.

“It is submitted that the provincial mining director for Midlands did not sanction any change in land use of those mining claims.

“When the invasion of our mining claims occurred, our technical service director visited the mining offices for clarity and observed that they had not granted permission to anyone to move onto our mining claims,” he submitted.

Nhamo prayed for an order compelling the respondents to stop the works which are taking place in the mining claims.