BRENNA MATENDERE
High court judge Justice Maxwell Takuva has ordered an immediate halt to illegal riverbed gold mining at Madollar dam in Zhombe led by Chief Gwesela- bringing to closure a contentious battle that lasted over a year.
The matter was first exposed by an investigation carried out by The NewsHawks.
Justice Takuva in his latest judgement has also given Zibagwe Rural District council 24 hours to revoke the authority it gave to Chief Gwesela to scoop the vast dam.
Chief Gwesela, born Ndabazihle Wait Ndebele, had been using the authority to scoop the dam as a clandestine way to conduct riverbed gold mining working with two mining companies- Hardrock mine and Antelope 29 mine.
The dam is privately owned by farmer Dave Tongai Mhondiwa.
Stunned by the violation of his property rights by Chief Gwesela, Mhondiwa approached the courts represented by Tsunga and Bhamu legal practitioners.
“Before the alluvial and riverbed gold mining, Madollar Dam held an average of 35,000 to 40,000 megalitres of water for us and the community to use for drinking by humans and animals and for agriculture.
“Currently, the dam is virtually empty due to the degradation of the dam walls and the riverbed as a result of alluvial and riverbed mining,” lamented Mhondiwa in his application.
In the application, first, second and third respondents were listed as Hardrock mine, Antelope 29 mine and Zibabgwe Rural District Council. The Environmental Management Agency, Kwekwe dispol and Police commissioner general Stephen Mutamba were cited as 4th, 5th and 6th respondents. Chief Gwesela was cited as 7th respondent.
In the latest development, Justice Takuva has since granted Mhondiwa’s wish to stop the illegal riverbed mining.
Part of the order uploaded yesterday on the Integrated Electronic Case Management System (IECMS) reads:
“WHEREUPON after reading papers filed of record and hearing Counsel, 6/6 IT IS ORDERED THAT: The 1st, 2nd, 3rd and 7th Respondents and their agents be and are hereby barred from conducting any dam scooping exercise at Madollar dam in Sessombe, Zhombe without an Enviromental Impact Assessment Certificate.
“The 1st , 2nd , 3rd and 7th Respondents and their agents be and are hereby barred from conducting and or involving themselves in any alluvial or riverbed mining at Madollar dams, and Simwamombe river (also known as Sinwangombe river) in Sessombe, Zhombe.
“The 1st, 2nd 3rd and 7th Respondents and their agents be and are hereby ordered to remove all their equipment at Madollar dams in Sessombe, Zhombe including makeshift accommodation structures within 24hrs of this order.”
Justice Takuva also ruled that “the 1st, 2nd and 3rd Respondents and their agents or representatives be and are hereby ordered to remove the heaps of sands left on the banks of Madollar bank within 24 hours of this order.”
Hardrock mine and Antelope 29 mine which were working in cahoots with Chief Gwesela in the illegal riverbed mining were also ordered by the judge to remove the canals they created in Madollar dam to divert water within 24hours of the order.
“ The 3rd Respondent (Zibagwe Rural District Council) be and is hereby ordered to revoke the authority it granted to the 1st and 2nd Respondent to conduct dam scooping in Madollar dams through a letter dated 26 June 2024 within 24hours of issue of this order. The 1st, 2nd and 3rd Respondents shall pay the costs of this application on the higher scale of attorney and client,” reads the concluding part of the judgement.
Arnold Tsunga, the principal managing partner at Tsunga, Bhamu law firm, confirmed to The NewHawks that the judgement had been made available to the complainant- Mhondiwa.
“It brings closure to the issue of riverbed mining in a private property and we are grateful that the judgement came in favour of our client,” he said.
