NewsDay (Zimbabwe)

Odzi mine dispute takes new twist

- BY KENNETH NYANGANI Follow Kenneth on Twitter @KennethNya­ngan1

THE ownership wrangle over a gold claim in Odzi between Zanu PF councillor Luckson Mawanga’s Paari Mining Syndicate and Twin Castle (Pvt) Ltd has taken a new twist, with the councillor seeking cancellati­on of the latter’s mining certificat­e through Manicaland provincial mining director Omen Dube.

Mawanga, who is being represente­d Maunga Maanda and Associates, alleges that Twin Castle’s mining licence was improperly issued because there was no compliance with the pegging requiremen­ts as provided for under the Mines and Minerals Act.

The new developmen­t comes after Dube recently in his determinat­ion favoured Twin Castle to take over the gold claim at the centre of the dispute.

Paari Mining Syndicate was given 30 days to appeal to Mines minister Winston Chitando.

In a letter to Dube, which NewsDay is in possession of, dated February 15 and titled “Objection of the conduct of your office (Dube) in relation to Paari Mining Syndicate and Twin Castle (Pvt) Ltd mining dispute, Mawanga’s lawyers said: “We are instructed by our client to write to you to clearly register their total objection and displeasur­e at the manner on which your office conducted itself in relation to the ongoing resolution of the above dispute.

“Specifical­ly, our clients makes reference to the incident of Thursday February 11, you sent a surveyor Ms A Shariwa, a technician Mr T Hlomani and a geologist Mr Mataruse to the mine with clear instructio­ns to tamper with their beacon A-D. They took photograph­s of the beacons.”

They further stated that: “The officers had in their possession a GPS location machine and it is our client’s view that the reason of the visit is to reconstruc­t the weak case presented by Twin Castle after they failed to locate any single beacon during the site visit of February 3, 2021 in order to prejudice our client.

“Our client took photos and the vehicle they were using which was being driven by Mr Dzimati as well as the beacons they took the pictures. Also, the matter was reported to Odzi police and was given reference number OB621/21.

“For the record, this letter is being copied to the legal department of the Ministry of Mines and Mining Developmen­t.

“Kindly allay our client’s fears that your office is trying to undermine the due process of dispute resolution. Thank you for your mutual co-operation.”

In another applicatio­n by Mawanga asking Dube to exercise his powers to cancel the licence, his lawyers wrote: “This is an applicatio­n requesting the provincial mining director to exercise his powers in terms of the section 50(2) of the mines and Mineral Act.

“The task of the provincial mining director is less onerous, it is based on the site visit carried out by your team on February 3, 2021 at Paari Mining Syndicate and Twin Castle disputed area.

“The evident observatio­ns made on the ground in the presence of the parties and other stakeholde­rs such as Odzi Police and CID Minerals are clear that the respondent Twin Castle (Pvt) Ltd did not comply with any single pegging rule as required by the act.

“To that end, it is inevitable that their mining certificat­e was erroneousl­y issued. Resultantl­y, only cancellati­on is the option available.”

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