FIDELITY Printers and Refineries (FPR) has approached the High Court seeking protection after claiming that hooligans had invaded their mine in Midlands.
FPR, a subsidiary of the Reserve Bank of Zimbabwe, cited Mines minister Winston Chitando, Midlands Provincial mining director Nelson Munyanduri and Jonah Nyevero as respondents.
In the lawsuit, FPR general manager Fradreck Kunaka is seeking an order barring the forfeiture of the mining claim by Chitando and Munyanduri.
The company approached the court after they had been notified by the Mines ministry that the claim they were holding on to, Mirage 3 Mine, had been forfeited.
This was after FPR on January 8 had written to the ministry seeking to be informed of any arrears of statutory payments with regards to Mirage 3.
Munyanduri responded to the letter, informing the company that their claim had been forfeited on June 5, 2020.
“On January 11, the second responded to the letter. In that time that I attach hereto marked ‘C’, the applicant was informed for the first time that its claim had been forfeited on June 5, 2020.
“No notice of such forfeiture was served upon it, and consequently up until that day, the applicant continued its operations in blissful ignorance of the adverse decision made against it,” Kunaka said in the application.
FPR is claiming that men, who were allegedly sent by Nyevero, forcibly invaded the mining claim.
The invaders then gave FPR workers an oral eviction notice, claiming that Nyevero had been granted a special mining grant by the Mines ministry.
“On the same day hooligans, purportedly acting under the instruction and authority of the third respondent (Nyevero) forcibly attended at the applicants mining operations and gave an illegal oral notice of eviction.
“They demanded that the applicant vacate the premises within 48 hours, failure of which unspecified actions will be taken.
“The hooligans brazenly declared that their principal, the third respondent, had been awarded a special mining grant over the land and that applicant should vacate.
“Curiously, this information was omitted from the letter dated 11 January 2021 that I have already referred to,” Kunaka stated.
FPR is seeking an order from the High Court barring the transfer of the mining rights to Nyevero and are claiming that the forfeiture of the claim was unlawful as Chitando and Munyanduri had failed to inform them of the decision.
“As the first and second respondents did not give notice of the intended forfeiture to the applicant, they consequently did not invite representations from it…
“I have demonstrated that the decision by the first and second respondents was arbitrarily and unfairly taken. It is thus a clear violation of the applicant’s rights and unlawful. It is void,” Kunaka added.
Chitando, Munyanduri and Nyevero are yet to file their opposing papers to the lawsuit.