Miner lays contempt of court charge against Nyambirai

GOROMONZI miner Phillip Makanya has petitioned the High Court to charge businessman Tawanda Nyambirai with contempt of court for ignoring a court order barring him from interfering with his mining activities.


Makanya filed the urgent chamber application last week also seeking another order to evict and bar Nyambirai and his security personnel from operating at his Kambanje and Gold Star mines.

In his founding affidavit, Makanya said last month he was granted a provisional order giving him control over the two blocks of mines, while Nyambirai was barred from the properties.

“On June 27, 2018, I (Makanya) was granted a provisional order against the respondent (Nyambirai) by Honourable Justice Owen Tagu, whereby the first respondent or anyone acting on the first respondent’s instructions were interdicted from interfering with my mining operations on my mining blocks of Kambanje registration Number 43475 and Gold Star registration number 43476 in Acturus, Goromonzi district, under the jurisdiction of the second respondent (provincial mining director),”he said.

“The respondent and anyone under its instruction were barred from carrying mining operations on my blocks of mines.”

Despite the existence of a provisional order, the miner said Nyambirai had taken over the mines and confiscated his mining equipment.

“The first respondent noted an appeal at the Supreme Court against the provisional order and the appeal was set down for hearing but removed from the roll on November 20, 2018,” Makanya said.

“On December 10, while my employees were busy carrying out mining operations on my block of mine, Nyambirai’s security personnel descended on my mines and chased my employees away, claiming that they have no right to carry any mining operations thereon. Mining equipment was confiscated and the applicant has been barred from entering the mines.

“What Nyambirai did is not only unlawful, but he also breached the provisional order issued by the court barring him from interfering with mining operations at Kambanje and Gold Star. I am seeking an urgent relief against the respondent to purge his contempt by removing his security personnel from my blocks and mining forthwith.”

The matter is pending.


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