A SAFARI and mining firm running the Mujingwe Conservancy
in Mwenezi has taken President Emmerson Mnangagwa, Defence Forces Commander,
Philip Velario Sibanda, Defence minister Oppah Muchinguri and 12 others to
court over the deployment of soldiers into the conservancy.
Apatron Mining (Pvt) Ltd, through Ncube and Partners, filed
an application for declaratur at the Bulawayo High Court on January 29.
The application cited Mnangagwa, Sibanda, Muchinguri,
Macduff Madega — the Sheriff of Zimbabwe, Tonderai Tsunga — additional Sheriff
Masvingo province, Joseph Kudumba, Elliot Muswita, Finger Tapera, Headman
Mhizha, Peter Mudhumo, Rafael Shoko, Solomon Ndlovu, Haigwari Safari (Pvt) Ltd,
director for Zimbabwe Parks and Wildlife Management Authority (ZimParks) and Environment
minister Mangaliso Ndlovu as respondents.
In his founding affidavit, Vusumuzi Osfael Mazibuko
submitted that he was the managing director of Apatron Mining (Pvt) Ltd.
“This is an application to declare unconstitutional and
unlawful, the entry into and continuing presence of armed soldiers at Mujingwe
Conservancy Mwenezi. Consequential relief is sought to the effect that the
soldiers be ordered to vacate the conservancy,” Mazibuko
submitted.
“The factual background is that on October 11, 2016, the
applicant received an offer letter to enter into a joint venture management of
Mujingwe Conservancy with the Zimbabwe Parks and Wildlife Management Authority.
The offer letter was signed by the board chairman on October 11 and by the
permanent secretary on October 12, 2016. It was, thereafter, approved by the
15th respondent (Environment minister).”
He said on October 12, he received a letter from the
ZimParks commercial director, indicating that the partnership agreement was
being drafted and would be forwarded in due course.
“Meanwhile, we moved onto the site and commenced work as
per the agreement of the parties. The joint venture agreement was for a period
of 25 years running from 2017 to 2043. This, therefore, means that the joint
venture agreement is still extant. On July 28, 2019, the sixth to 13th
respondents obtained an order in default against a non-existent entity known as
Vusimuzi Masibuko trading as Apatron Mining Fort Rixon. As is evident from the
face of the order, the applicant was never a party to those proceedings.”
He said, however, that order was used to issue a writ of
his ejection from the conservancy.
“The applicant was ejected from the conservancy on December
11, 2019. When executing his duties, the fifth respondent (Tonderai Tsunga
additional Sheriff Masvingo province) enlisted the services of 10 soldiers,
five (of them) were armed with AK-47 rifles. The soldiers wreaked havoc and
damaged property. The applicant instructed legal practitioners to lodge a
complaint with fourth respondent (Madega, the Sheriff of Zimbabwe), which was
copied to the secretary of the Law Society of Zimbabwe and to the respondents
and their lawyers.
Mazibuko said on December 23, he went to the conservancy,
where he saw an armed soldier who told him that his other four colleagues were
patrolling the conservancy.
He said his lawyers again wrote to (the Sheriff) asking for
a response to their previous letter. He added that their letter also indicated
that two civilian members of the community had been shot by the soldiers, but
the Sheriff did not respond.
Mazibuko said despite complaints to the authorities, the
soldiers have remained put in the conservancy. He said his interests and rights
to the occupation of the conservancy had been grossly violated.
The respondents are yet to file their response to the
application. Newsday
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