A GOLD case involving a Chinese miner and his local partners in the gold-rich area of Makaha has exposed lawlessness and a reign of terror by an armed syndicate invading mines and stealing tonnes of gold ore valued in millions of dollars.
The case, which is still before the courts, also exposed how the armed syndicate controls the local Makosa Police Station, with police officers accused of failing to assist victims of the armed militia.
The alleged terror gang is also accused of effecting court orders using militias instead of following due processes, according to court documents in possession of NewsDay Weekender.
In one of the cases, on November 14, High Court judge Justice Regis Dembure granted an interdict in favour of Futeng Investments (Pvt) Ltd to stop Nyamayenzou B2 mining syndicate, Emmanuel Ndemera and Chrispen Katogu’s illegal mining activities and ejected them from a mine they had grabbed.
“It is ordered that the application for a spoliation order be and hereby granted,” part of the ruling read.
“The respondents, their partners, agents, assignees, employees and all those working under their instructions and all those claiming occupation or acting through them be and are hereby ordered to vacate and restore vacant occupation of the mining location measuring 37 hectares situated within RAMSE 001 in the mining district of Mashonaland East to the applicant within 24 hours of this order.”
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But prior to that, Ndemera and his accomplices, invaded a different mining location belonging to Zhangveng Mine in the same area.
High Court judge Justice Neville Wamambo issued an order for an interdict when Zhangveng sued Ndemera for the illegal looting of its gold residue.
In its application for the interdict, the mine revealed how Ndemera and other respondents, in a movie style, invaded the applicant’s mine and stole gold residue material.
Ndemera, according to court papers, was armed with a court order to recover some gold ore, but took the law into his own hands and transported thousands of tonnes of ore from Zhangveng mine.
“The applicant is and has always been conducting lawful mining and processing of gold ore at its mining plant situated at the said mining location,” the court papers read.
“The respondents invaded the applicant’s mining location on September 8, 2025, forced entry with a group of over 15 men, some armed with guns and pistols, and unlawfully seized and collected residue dump belonging to the applicant.
“First respondent brought in two excavators which were loading the residue dump onto two tipper trucks from around 1600 hours on September 8, 2025.
“By midnight on the same day, the first respondent had added four more trucks to make them six in total. The first respondent has been loading the residue dump and transporting it to its mining site called Koodoo 83 mine.
“The first respondent transported the residue dump all night of September 8, 2025 and during the day of September 9, 2025 and at the time of filing this application, the first respondent and his men are still on the ground loading and transporting the residue dump.”
Added the court papers: “The first respondent has added three more trucks to make a total of nine trucks.
“When confronted as to why they were illegally removing gold residue dump from the applicant’s mine, personnel working under the instruction of the first respondent expressly stated that they were armed with a court order to that effect.
“However, the perusal of the purported order of court clearly betrayed that the order was against the second respondent, a separate entity from the applicant.
“The purported order of court did not, in any way, authorise the first respondent to resort to self-help and/or to conduct blatant thievery and vigilantism. As a matter of fact, the order was simply being abused by the first respondent.”
According to court papers, the looted gold ore is valued at US$5 million.
The mine invasion was captured on camera, with the footage availed in court as exhibit.
According to court papers, an employee at Zhangveng mine revealed that police in the area has been refusing to assist victims.
“The first respondent boasted that he had put the top brass of police at the Murewa District Headquarters in his pocket and that they were not going to do anything to him (Ndemera), such that even the police officer-in-charge at Makosa was to be given instructions not to do anything,” the court papers alleged.
“Despite the applicant raising the issue of the abuse and misuse of the disposal order granted by the criminal court, the police officers simply refused to assist the applicant to stop the illegal plundering of the applicant’s gold residue.”
In his opposing affidavits filed at the court, Ndemera said he was taking what belonged to him.
“I confirm that in accordance with the court order, I duly informed the police that I was going to recover the stolen property and the police gave me the greenlight to do so. My trucks were accompanied by my guards for safety,” he averred.
“The process of recovering dump has been completed and the dump is now in my safe custody.”
However, Justice Wamambo granted a court interdict in favour of Zhangveng mine.
“In the circumstances of the case before me, I am convinced from the submissions made and the pleadings filed of record that the applicant has established its entitlement to the relief,” the judge stated.
“If this honourable court does not intervene and arrest the ongoing contestation, the situation has the potential to degenerate into anarchy and unprecedented lawlessness, considering the first respondent’s unfortunate conduct of enforcing and/or executing the order it obtained from the criminal court without full compliance with peremptory provisions of the law on enforcement of restitution and disposal orders issued by the criminal court.
“Consequently, the order is granted in terms of the draft.”