OWNER of Dundee 5 Gold Mine in Matobo, In a judgment dated January 11, 2023, Bulawayo High Court judge Justice Maxwell Takuva ruled that the application against Duive Enterprises had been withdrawn., Ndodana Moyo, has filed an urgent High Court application seeking an interdict against miners conducting their activities at his claims without his consent.
Two mining companies, Duive Enterprises (first respondent) and IBK Investments are conducting mining activities at the contested mine.
Moyo filed an application citing Duive Enterprises, IBK Investments, Matabeleland South provincial mining director, Mines and Mining Development secretary Pfungwa Kunaka and Mines and Mining Development minister Winston Chitando as respondents.
In a judgment dated January 11, 2023, Bulawayo High Court judge Justice Maxwell Takuva ruled that the application against Duive Enterprises had been withdrawn.
“The third respondent (provincial mining director) be, and is hereby ordered to verify the permanent beacons erected by the applicant pursuant to the third respondent’s resolution of December 23, 2021 and thereafter produce a report within 21 days of granting of this order. There will be no order as to costs,” Justice Takuva ruled.
In his founding affidavit, Moyo submitted that he was seeking an order barring Duive and IBK from interfering with his mining operations, except in accordance with and on the authority of a court order.
“The discharge of the injunction is sought in terms of section 354(7) of the Mines and Minerals Act [Chapter 21:05], which provides that every such order shall be in force for such period as is named therein unless it is sooner discharged by the mining commissioner making it, or the High Court,” he submitted.
Moyo requested the court to dismiss the documents that were submitted by the ministry in support to the two companies.
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“I am also seeking an order for the discharge of an injunction which was issued by the ministry in favour of Duive Enterprises and IBK Investments (second respondents) on December 23, 2021,” he said.
The Mines ministry is yet to enforce the court order.