By Staff Reporter
Kadoma based DS Mining Syndicate (DS Mining), has won the right to continue with mining operations pending a hearing of well-known gold miner Spencer Tshuma’s Supreme Court appeal, High Court ruled.
The ruling comes after DS Mining and Tawanda Dzviti approached the High Court last month seeking leave to execute an order that was granted in their favour.
In their court application, DS Mining argued that its submission was a matter of urgency as Tshuma and his company had continued mining at the claim.
“I find the preponderance of equities to be in favour of the applicants because they are not allowed to extract minerals for sale by virtue of a prospecting licence while the respondent under the cover of a certificate of registration can do mining,” Justice Manzunzu ruled.
“In casu, I have found that the balance of convenience favours the applicants more than the respondent. For the reasons already stated, the applicants will suffer more harm than the respondent if this application were denied. It is ordered that; the application for leave to execute a judgment pending appeal succeeds.”.
“The applicants claim legitimate expectation of mining rights. The respondent through Family Mining Syndicate has mining rights which if continued to be exercised will cause irreparable harm to the applicants in the event applicants succeed when the dispute is resolved. This is because minerals are depleted. The applicants also left their equipment at the disputed location which they allege the respondent is using. The circumstances of this matter call for the matter to be heard on an urgent basis,” the firm argued.
At one point the High Court barred Zimbabwe Republic Police Officers (ZRP) from interfering with DS Mining operations.
Justice Munangati Manongwa issued the provisional order against detective assistant Musende officer commanding ZRP Kadoma district.
DS Mining Syndicate has a prospecting licence which entitles it to prospect for any mineral in Zimbabwe. It followed all the due procedure in order to prospect for gold at Queensdale Farm Kadoma.
Information available says that when the samples appeared good, Tshuma visited the area and threatened that employees of DS Mining should stop prospecting.
Tshuma then enlisted the support of a police officer called Detective Assistant Inspector Musende and four other police officers to terrorise DS Mining Syndicate employees at the mine.