THE Law Society of Zimbabwe (LSZ) has appointed Justice Moses Chinhengo an arbitrator to resolve a business dispute between Core Mining and Mineral Resources and the Zimbabwe Mining Development Corporation (ZMDC) over operations of the now defunct Canadile Miners, it has emerged. SENIOR COURT REPORTER
The recent developments followed a letter by Core Mining lawyer Beatrice Mtetwa to the LSZ after it emerged the contract signed between Core Mining and ZMDC was still valid.
The dispute between ZMDC and Core Mining has since been criminalised by the State, contrary to the business agreement signed between the two parties four years ago.
But the criminal trial where Core Mining director Lovemore Kurotwi is jointly charged with former ZMDC chief executive officer Dominic Mubaiwa over allegations of causing the government a potential $2 billion investment prejudice has since been postponed indefinitely.
The trial is being presided over by High Court judge Justice Chinembiri Bhunu.
In the December 21 2012 letter, Mtetwa submitted that the agreement between Kurotwi and ZMDC provided that no other institution would preside over its breach, except an arbitrator appointed by the LSZ.
ZMDC represented Marange Resources and entered into a joint diamond mining project with Core Mining to form Canadile Miners and the agreement was ratified by Mines minister Obert Mpofu and the Attorney-General’s Office.
The agreement, however, stipulated that any dispute or differences that would arise between the partners would be referred to an arbitrator for determination.
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Part of the agreement reads: “Any dispute or differences which may arise as a result of the interpretation or application of this agreement which cannot be amicably resolved within a period of 30 days shall be referred to arbitration in terms of the Arbitration Act.
“The arbitration shall take place under the auspices of the Commercial Arbitration Centre at Harare . . . the parties shall agree on a single arbitrator within seven days of the matter being referred to arbitration, failing which the arbitrator shall be appointed by the president of the Law Society of Zimbabwe.”
