FORMER Mbizo legislator Vongaishe Mupereri (Zanu PF) who
was last year slapped with a contempt court charge after leading illegal gold
panners into gold-rich Gaika Mine in Kwekwe in violation of a High Court ruling
is now battling to have the order set aside.
Through his lawyer Valentine Mutatu, Mupereri, who faces
imprisonment or a fine of US$7 000, following the order issued by Justice Loice
Matanda-Moyo, says he was unaware of the court proceedings which led to the
order being issued.
“I allege an error on the part of Justice Moyo granting the
contempt of court order which I seek to be vacated by this honourable court, …
I am advised by my legal practitioner of record which advice I accept, that the
application of contempt of court was fatally defective for want of compliance
with mandatory provisions of this honourable court in that first respondent
(DGL Investments, owners of the mine) adopted an incorrect form and procedure
and obtained an order of contempt of court without personal service for such
application on me,” Mupereri submitted in his application.
The order was granted last year by consent of Mupereri’s
lawyer James Magodora, who the former legislator now says acted without
instructions from him and, therefore, now disowns the lawyer’s actions.
“Without my consent and unbeknown to me and without having
been personally served with court papers … DGL Investments with the consent of
my erstwhile legal practitioner Mr Magodora, allegedly acting on my behalf
proceeded to get the provisional order of May 4 confirmed. I aver that I was
not aware of the proceedings of July 19, 2018 and I aver that Mr Magodora did
not have any instructions from me written or otherwise from me to enter a
consent order which had the effect of declaring me in contempt of court,” he
said.
Armed police and the army had to move into Gaika Mine to
enforce a court order stopping all alleged illegal gold mining activities led
by Mupereri at the mine. Newsday
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