RIOZIM Limited has petitioned the High Court seeking a contempt of court order against the Zimbabwe Defence Forces (ZDF)-owned mining entity, Rusununguko Nkululeko, after the latter allegedly defied a court order and continued carrying out mining activities on the international conglomerate’s chrome ore claims in Darwendale.
Source: RioZim challenges mine seizure by ZDF – NewsDay Zimbabwe January 7, 2019
BY CHARLES LAITON
In its application, RioZim cited Rusununguko Nkululeko, Falcon Resources, a Pakistan national Mohammed Tariq Aziz and his Dutch counterpart Aneeqa Zubair, as respondents.
According to RioZim, the basis of its application is that the cited firms and directors have continued carrying out mining activities on its registered claim at Wendale 43, in open defiance of a court order granted by High Court judge Justice Neville Wamambo on June 15, 2018 under case number HC5212/18.
The order bars the respondents from mining at the site until finalisation of the matter.
“The applicant is the holder of mining claims known as Wendale 43 Block, which are registered under Certificate number 18007B.M and they are situated in Darwendale,” RioZim’s security boss, Speta Ndou said in his founding affidavit.
“The basis of the application is that the respondents [Falcon Resources, Rusununguko Nkululeko, Aziz and Zubair] have continued to carry out mining activities on applicant’s [RioZim] registered claim at Wendale 43, acting in open defiance of a court order of this honourable court granted by Justice Wamambo on June 15, 2018 under case number HC5212/18.”
Ndou said on May 30, 2018, RioZim received a report from its group chief geologist, Patrick Takaedza, that Falcon Resources and Rusununguko Nkululeko were conducting illegal mining activities at its claims.
This, he said, prompted RioZim to file an urgent chamber application for an interim interdict on June 6, 2018 and a provisional order was granted by the court, which order was served on Falcon Resources, Rusununguko Nkululeko, Aziz and Zubair.
“On June 22, 2018, the first and second respondents lodged an appeal to the Supreme Court against the provisional order under case number SC 476/18. The effect of the appeal was to suspend the provisional order which had been granted by the court earlier. The appeal was set down on November 20, 2018 and thereafter, the Supreme Court dismissed the appeal, thereby upholding the decision of the High Court,” Ndou said.
“After the Supreme Court hearing, the respondents temporarily ceased mining operations at Wendale 43 Block from November 21 to 24, 2018. They, however, resumed mining operations on November 25, 2018, this despite having knowledge of the order.
”To date, they are conducting large-scale mining operations, the perimeter fence at the claim has been beefed up and armed security guards are not allowing anyone access to the mining area.”
The matter is pending.