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Gold panners at the disputed site at Doves Farm in Inyathi

Mashudu Netsianda Senior Court Reporter
BULAWAYO High Court judge Justice Maxwell Takuva has ordered an immediate freeze on all gold mining activities at Shattils South Mine in Inyathi, Bubi District, pending the resolution of the dispute between prominent gold dealer Baron Dube and Ennie Moyo.Dube, who is the applicant in the matter, filed an urgent chamber application at the High Court challenging the government’s move to bar him from exploiting the lucrative claim following a recent gold rush.

Dube’s application followed a decision by the Ministry of Mines and Mining Development to bar him from mining at the mine after noting that the claim belonged to the late Elliot Ndlovu and that his widow, Moyo, now has sole ownership of the mine.

In his application, Dube cited Moyo as the first respondent, the acting Matabeleland North provincial mining director Julius Moyo as second respondent and the officer-in-charge of Inyathi Police Station as the third respondent.

In a consent order issued by Justice Takuva, both Dube and Moyo were barred from carrying out any mining activities at the claim pending the resolution of the matter.

“The Applicant and the first respondent be and are hereby interdicted from all mining activities at the disputed areas pending the resolution of the matter. Each party is to pay its own costs,” ruled Justice Takuva.

He also directed the Ministry of Mines and Mining Development to convene a meeting with the concerned parties within 10 days of the order.

“The second respondent (provincial mining director) be and is hereby directed to convene a meeting within 10 days of this order involving Applicant and first respondent to survey and define boundaries of Shattils South Mine (Registration Number 43162) registered under first respondent and 10 Gold Reef Mining Blocks identified for pegging by Applicant,” said Justice Takuva.

The High Court order follows last week’s decision by the Ministry of Mines and Mining Development to bar Dube from conducting mining operations at Shattils South Mine after accusing him of using fraudulent papers to extract the mineral.

The ministry then notified the police to stop Dube’s mining activities saying the claim belonged Moyo.

However, in court papers, Dube said the decision to bar him from mining was arrived at an illegal meeting.

“The second respondent convened a meeting without notice to the Applicant by letter dated July 22, 2014, which meeting was scheduled for July 24, a mere 48 hours away, without requisite or reasonable notice to Applicant. In my view, the secret holding of the hearing within 48 hours to determine the alleged dispute between myself and first respondent was done in bad faith, and calculated to allow the first respondent to unlawfully exploit gold in areas falling outside her mining claim,” Dube argued.

“The decision of the second respondent was therefore not done or taken procedurally. In terms of Section 50 of the Mines and Minerals Act, the second respondent ought to have given me 30 days’ notice before deciding to cancel my certificate or interfering with my rights to peg the mine.”

Dube said during Ndlovu’s lifetime he made certain developments on the mining claim including shafts and housing structures but said the area was not within the zone he paid for pegging.

He said some “unknown persons” were now exploiting his mining claims on the basis of an article published in the Chronicle of July 31 stating that the ministry had ordered him to stop mining activities at the claim.

Dube also claimed he stood to lose out in gold ore adding that more than 8kg of gold has been extracted through the use of gold detectors in contravention of the Environmental Management Agency standards.