Mugabe fights to retain Mazowe farm

FORMER President Robert Mugabe’s family business, Gushungo Holdings (Pvt) Ltd, which was in January this year provisionally ordered off Smithfield Farm in Mazowe, to pave way for three small-scale gold miners, has once again approached the High Court pushing for the matter to be finalised.

BY CHARLES LAITON

After being temporarily kicked off the farm last month, Mugabe through his security officer, Mkhululi Nyoni, vowed to stay put arguing the court order which provisionally granted the small-scale gold miners authority to conduct operations thereat, had been irregularly made by the High Court.

Mugabe’s business claims followed High Court judge Justice Happius Zhou’s provisional order which evicted Gushungo Holdings together with the Zimbabwe Republic Police (ZRP) Support Unit from Smithfield Farm ordering them to desist from interfering with the miners, Shepherd Nyazvigo, Bright Mawonga and Mohammed Rezwani Khan.

However, when Gushungo Holdings challenged the provisional order through an urgent application, it was ruled not to have met the requirements of an urgent matter. This prompted Mugabe’s firm to refile the application on Monday last week.

“The applicant (Gushungo Holdings) submits that it has satisfied the requirements for urgency of this application based on the following: the applicant was not served with the respondent’s urgent chamber application and therefore was not given an opportunity to make any representations before the provisional order for an interdict was granted to the respondents (Nyazvigo, Mawonga and Khan),” Gushungo lawyer advocate Thabani Mpofu said.

“This resulted in a situation whereby pertinent evidence relating to the invalidity of the respondent’s claim was not placed before the honourable judge. The documents that were produced by the respondents are not actual proof of the mining claims.

“The respondent’s mining operations on the applicant’s farm have created a situation which has made it difficult for the applicant to conduct its farming activities. There is a clash in the mining and farming activities on the farm and the respondents are staking their claims based on invalid documents.”

Mpofu further said Mugabe’s business would suffer irreparable harm, if the matter was not dealt with forthwith, because the currently operative provisional order was aiding an illegality which needed to be rectified.

“Further, the urgent chamber application in the main matter is fraught with various technical irregularities, which if the applicant had been present at the hearing to point out, may have resulted in the matter being dismissed in its entirety. The applicant is therefore seeking an opportunity to make its representations in this regard,” Mpofu said.

“The respondents suffer no prejudice from the expedited hearing of this matter because the respondents are already carrying out their mining activities on the farm, albeit based on invalid documents, and all parties in this matter have an interest in final resolution of this matter.


In his founding affidavit Nyoni denied having personally been served with the application but said he “had no difficulties with the fact that the urgent chamber application was served on his employer”.

Nyoni further said although Justice Zhou dealt with the matter in his chambers, none of the cited respondents cited in the matter had legal personality.

“In particular, the Chief Security Officer is a non-legal persona and proceedings brought under such circumstances are invalid. The application ought to be struck off the roll for that reason. Further, none of the mining authorities were cited in this mining dispute,” Nyoni said.

According to the court papers, sometime in 2013, Nyazvigo, Mawonga and Khan were chased and dispossessed of their mining claims by Mugabe’s firm and the ZRP Protection Unit (PPU) on the basis that they were mining in a protected zone.

However, the miners, last November returned to their mining sites after obtaining a ruling in their favour.
The matter is yet to be set down for hearing.

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11 Comments

  1. there is no more need to treat mugabe with kid gloves now as he has gone on the rampage attacking the current regime left right and centre and whatever was grabbed illegally must be taken away from this octogenarian sooner rather than later

  2. Arrest Mugabe for the atrocities he and his zanu pf has committed in zimbabwe and those 21 farms it is a must that we must take them away from these murderous.What is special for Mugabe and his thugs in zimbabwe society?

  3. Uyu Mugabe varikumunyengerera too much. He could be up to something and the sooner he is dealt with the better. Tichazopepuka atiitira zvimwe munhu uyu.

  4. This guy has so much to answer for besides that farm why is he untouchable?who is protecting him.I guess Vamunangagwa is dealing with these cases cautiously trying to keep his own skeletons hidden.

  5. Ngavachikasiira purazi iri chete. All the other farms owned by Mugabe family are supposed to be taken and given to companies to produce agri-produce that are in scarce supply. No to individuals to any land taken from those with multiple farms.

    mwaita

  6. To be frank Mugabe and his cronies caused a lot of harm to Zimbabweans as a whole [except a few] and even non-Zimbabweans as well. All the ills we see in our society today were caused by Mugabe’s rule. The diaspora, which eventually gave rise to several marriage breakdowns, the escalating prostitution which eventually was legalised, the erosion of our economy [IYE ACHIPIWA CASH $20 000 PLUS, EVERY MONTH], ETC. He and his family, took us as their own private property which they could do as they wished. The naughty Mugabe boys would do as they wished where ever they went for they feared no one in the protection of CIOs. I vividly remember at a braai they arrived and pushed aside our meat and upon rebuking them blows were all over our faces from the secret service guys. Mugabe caused a lot of suffering, and it is further alleged that he even ordered killings. Where is Dzamara and others?????? He would unleash his repressive operators [the army, the police, the CIOs] to cause terror in our beloved Zimbabwe. Everyone including those in ZANU PF were afraid of them or even to challenge his ideas no matter how evil they were. Many faked suicides were alleged to be murders. The courts were his and no one could win a case against him and his cronies. Now he must be given the test of his own medicine. With Proper justice reigning he should be taught how he should have been doing it. I wish ALL those with issues with him or his family could bring their cases to the courts and he should be made to answer for them. How I wish the ZTV could make a survey today in response to his nonsensical utterances on TV yesterday about the illegality of the current dispensation and also about whether Zimbabweans still want him. He watches news everyday so he should have it loud and clear that ma Zimbabweans HATICHAMUDA, whether legal or illegal the way he got out of power. ALLUTA ED. Plus ED should not be giving him a long rope for he is still hurting and as such dangerous to all peace loving Zimbabweans.

  7. Mugabe is coward. Zimbabweans let us march to the blue roof in solidarity with Mazowe people who are disturbed because of Grace and Rozhong Mugazhong

  8. Please leave the farm to Cde Mugabe. You cant resettle makorokoza at a productive farm. Leave the farm to former head of state,

  9. Grace na Robert vanoda shamhu chaiyo mumakumbo. They are just rogue private citizens who think Blue Roof is State House. Wake up!!!!! Zvituta zvevanhu.

  10. Saka what is happening to Mingistu

  11. mugabes vanotoona sekuti this country is for mugabe family.pavakatonga pakakwana.mugabe must go for ever we dont want rubbish like that.let us rebuilt our zimbabwe.

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