A ROW has erupted between the Matabeleland South Small-Scale Miners’ Association and a local miner over some gold claims, resulting in alleged death threats.
SILAS NKALA STAFF REPORTER
Court papers in the possession of Southern Eye show that sometime in June 2005, Tonderai Mutandiro was granted a lease to mine at Ncema South claims one to six in Esigodini, but the Matabeleland South Small-Scale Miners Association’s Ishmael Kusafunga Kaguru of Tinker Mine grabbed the claims and gave one to councillor Nqabeni Nkala and the other five to some women miners.
In a letter to the chief mining commissioner dated June 23 2014 and attached to court papers, Mutandiro indicated that he had stopped mining at the claims on February 10 due to interference by Kaguru.
He asked the authorities to stop Kaguru from exploiting gold ore from his claims and order him to pay for all the ore he mined since February 10.
Mutandiro said he mined at claims one to three between June 2012 and January 2014 and stopped after Kaguru claimed that he was working on his pegging.
“Kaguru intimidated me into co-operating with him. I felt coerced because of his influence as a senior influential and powerful member of the small-scale miners’ association leadership in the province,” wrote Mutandiro.
“We worked together at the claims and we shared equally with Kaguru the proceeds amounting to $2 800 on December 18 2013.”
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Mutandiro said he approached police in Gwanda to inquire if Kaguru’s involvement in the claims was legal and was told it was illegal. On January 13 this year, Mutandiro said he processed 204g of gold and refused to share with Kaguru.
“I asked him to produce the map showing boundaries of lease 29 which he holds,” he said. “He refused and then I refused to share the proceeds with him. He demanded that I abandon the claims since I could not co-operate with him.”
Mutandiro wrote a letter to the officer-in-charge of Esigodini Police Station, who ordered that mining at the claims cease until the matter was resolved.
He said surveyors from the Mines ministry were sent to ascertain boundaries on lease 29 and on February 10 they were asked to stop mining on claims one and three. On February 19, Kagura applied for a peace order against Mutandiro.
Kaguru indicated that Mines ministry officials wrote to Mutandiro advising him to leave the premises, but he defied the directive.
“It is, therefore, my humble request from this honourable court to protect me from the respondent as he boasts being protected.
“I am a peace-loving man and I do not want him within 50m from my claims,” Kaguru submitted in his peace order application.
The Esigodini Magistrates’ Court ruled in favour of Kaguru on Thursday last week and ordered Mutandiro to stay at least 50m away from the mining claims even though Kaguru cannot produce a lease document showing boundaries of his claims.
Mutandiro filed a peace order against Kaguru on July 10 and the matter is still pending. Mutandiro claimed that Kaguru sent thugs to kill him for insisting that he produce the lease documents.
Mutandiro indicated that on January 13 this year, Kaguru sent four thugs to waylay him at a bus stop and rob him of cash.
“The thugs did not manage to get cash from me because they were arrested before I arrived and they confessed that they were sent by the respondent,” Mutandiro said.
“The respondent has habit of invading my privacy; he always comes and interferes in my day to day running of my mine and has even gone to the extent of chasing me away from the mine.
“I do not want respondent or any one sent by him to come close to the mine for purposes of occupying or using it since I am the owner.
“I therefore request this honourable court to bar the respondent from forcing himself to operate the mine or interfere in the day to day running of the mine.”
