KWEKWE — Zanu PF’s William Mtomba and Gweru-based business partner Smelly Dube have approached the Constitutional Court (Concourt), appealing against a Supreme Court ruling handing over control of disputed Chaka plant and Gold Mine to Kwekwe Consolidated Gold Mines (KCGM).
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Mtomba and Dube, through their company Midkwe Mineral, allegedly grabbed Chaka Plant and Mine from KCGM owned by Australian-born businessman Lee Waverly Jones, triggering a two-year legal wrangle, which seemed to have been ended by a September 2, Supreme Court ruling.
Midkwe Minerals now accuses Chief Justice Godfrey Chidyausiku of violating their constitutional rights, when he delivered a Supreme court judgment ordering them to vacate Chaka Plant and Mine.
Mtomba’s lawyers Sachikonye &Ushe, have since approached the Concourt seeking reprieve.
In case CC76/13, Midkwe argues that Justice Chidyausiku, sitting with Justices Veneranda Ziyambi and Andrew Mutema, violated Midkwe’s right to legal representation of their choice when they ordered case SC385/12 to be heard in the absence of advocate Lewis Uriri.
“The proceedings a quo were concluded in breach of Midkwe’s constitutional right to council of choice protected and guaranteed under Section 69 (2) and (4) of the Constitution of Zimbabwe,” part of the appeal reads.
Justice Chidyausiku on September 2 dismissed Midkwe’s bid to have the case struck off the roll because Uriri had failed to attend court, owing to a pressing family commitment, not disclosed in court.
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The judge ordered the matter, in which Midkwe was appealing against a High Court ruling by Justice Lawrence Kamocha, which judgment handed over control of the gold-rich mine to KCGM be heard even in the absence of Uriri. Midkwe was then represented by Collins Rugwanda, whom Mtomba and Dube now claim was negligent and unprofessional in his conduct.
“The court a quo erred at law in proceeding to determine the appeal to Midkwe’s detriment when it was clear that the legal practitioner representing the appellant had been negligent and unprofessional in his conduct,” the appeal reads.
KCGM lawyer Valentine Mutatu has dismissed the appeal, saying it was a time-buying gimmick by Midkwe directors who wanted to continue looting gold from the mine, because a Supreme Court judgment cannot be appealed against.
“It is clear in Section 169 (1) of the Constitution of Zimbabwe, that the Supreme Court is the final court of appeal, except in a matter over which the Concourt has jurisdiction,” he wrote.
“It is abundantly clear that the matter, which the Supreme Court of Zimbabwe decided was not a constitutional matter hence the Concourt has no jurisdiction at all to deal with the matter.”
