High Court discharges Peace Mine occupants’ challenge

Midlands Correspondent

THE High Court has dismissed the urgency of a challenge by occupants of Peace Mine who are operating under the guise of a community ownership trust.

The matter spilled into the courts following a dispute between Sibusisiwe Moyo, who is currently conducting activities at the mine under a non-existent community ownership trust, and Chief Sigodo (Apollo Mhlope) who holds the certificate to the mine.

Moyo is the widow to late chairman of the Silobela Community Development Trust (SCDT), Arthur Nkiwane, who passed on in 2017 and has been defying Government and court orders saying the mine belonged to the community, not the traditional leader.

On August 8, 2018, Justice Martin Makonese sitting at the Bulawayo High Court, ruled in favour of Chief Sigodo and ordered Moyo together with her associates to cease mining activities at the mine.

“A declaration be and is hereby granted that respondents one to eight, their assignees, associates, agents or employees be and are hereby interdicted from stopping or interfering with the mining operations being carried out by the applicant (Mhlope), his employees agents at Turtle Claim 16 also known as Peace Mine in Silobela. The same are also indicted from carrying out any mining activities at the mine,” read part of the judgement.

But Moyo challenged the court ruling and filed an urgent chamber application which again the High Court threw out.

“The court abides by its earlier decision not to hear the matter on an urgent basis,” read part of the ruling by Justice Makonese on 20 March 2019.

The ruling by the High Court means that Moyo and her associates who are operating the mine under Silobela Community Development Trust, have to cease operations at the mine.

Provincial Mining Director Mr Nelson Munyanduri, in a letter to the Officer in Charge Zimbabwe Republic Police (Minerals Kwekwe), dated 4 March 2019, also made it clear that operations at the mine under Moyo were illegal and asked for their removal.

“May you please assist Mr Apollo Mhlope of Turtle 54 Mine by stopping and evicting all illegal miners at the mining location in question,” read part of the letter by Mr Munyanduri.