Mohamed, who owns Anesu Gold (Pvt) Ltd, filed a High Court
application seeking to interdict Chitando, Mines secretary Onesimo Moyo, Golden
Reef Mining, and Midlands provincial mining director Tariro Ndhlovu from
grabbing the mining claims.
Mohamed claims that Anesu Gold is the registered owner of
the gold claims in Mberengwa district, Midlands province, which are also
referred to as Mangoro claims (Ipanema).
The matter was set for hearing yesterday, but High Court
judge Justice Rogers Manyangadze postponed it to February 24 at the request of
Chitando’s lawyer, Takudzwa Mutomba who indicated that the minister, together
with Moyo and Ndhlovu had secured the services of a new lawyer, Lovemore
Madhuku who was tied up elsewhere.
Welshman Ncube is representing Golden Reef Mining while
Advocate Tawanda Zhuwarara is representing Anesu Gold.
In his application, Mohamed said the mining claims were
previously owned by, and registered in the name of Start Mining Services
(Private) Limited, where he initially had a 70% stake with the other 30% owned
by Rugare Gumbo.
Mohamed said he later bought out Gumbo and now owns 100%
shareholding of the claims.
It is alleged that in 2018, Chitando sent invoices for
Start Mining Services to pay mining fees for the claims.
Fidelity Printers approved that US$6,4 million must be paid
to finance the applicant’s operations, including the payment of the inspection
fees for the mining claims.
“This arrangement had the approval of the governor of the
Reserve Bank and the permanent secretary of the Ministry of Finance and
Economic Development. Fidelity gave the facility on the strength of clean and
unencumbered mining claims following a due diligence process,” Mohamed’s court
affidavit read.
He said the certificates of registration of the mining
claims were handed over to Fidelity in February 2019 followed by a due
diligence exercise.
However, he said he was shocked to learn that a special
grant had been issued, and his claims forfeited.
Mohamed also alleged that in 2012, Gumbo approached
Chitando, before he became Mines minister, asking him to invest in the mining
claims but Chitando refused.
Around 2014, Mohamed then invited prominent businessman
Shingi Mutasa to invest and he showed interest, but insisted that due diligence
checks be done.
Mutasa and Chitando chartered a small plane and flew to
inspect the mining claims in loco. After the checks, Mutasa allegedly did not
take up the offer.
“Although Mutasa did not come on board, Chitando’s team and
himself, had all the data and information of the juicy areas of the mining
claims,” Mohamed submitted.
He said Anesu Gold secured an investor from Australia who
agreed to form a joint venture, after the investor was assured by Chitando and
Ndhlovu that the mining claims were clean and unencumbered.
“It would be the investment’s saddest day if this country
is to send an investor back to Australia under these circumstances. This should
not be allowed if transparency is to be the order of the day.”
Mohamed said Chitando was a director of Golden Reef and shareholder through his company Windev
Investments (Pvt) Limited, adding that the decision to forfeit the mining
claims was “wrongful, unlawful, malicious, illegal” and motivated by greed.
But Gold Reef argued that Mohamed and Anesu Gold had no legal
right to bring the case before the courts.
“The invoices for payment of inspection fees were issued to
Start Mining Services and not applicant. Forfeiture made reference to Start
Mining Services as the holder of the mining claims being forfeited,” Gold Reef
director, Thomas Gono said.
“Accordingly, hence it is submitted that if any of the
mining claims belong to applicant, no lawful and accurate procedure, as
prescribed by law, was followed to change names on certificates of registration
after transfer. Equally the fact that Minister Winston Chitando’s company
Windev Investments is a shareholder in first respondent has no material bearing
on how applicant lost mining rights over mining claims in question.”
Gono said there was nothing illegal about Chitando being a
director or shareholder in a certain company, adding that the mining claims in
question were forfeited two months before inspection fees were paid, meaning
that the applicant had defaulted.
In his opposing affidavit, Ndhlovu said Anesu Gold was
invoiced for payment of already overdue inspection fees, adding that the mining
claims were forfeited in terms of section 260 of the Mines Act. Newsday
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