A Mudzi-based gold mining company has approached the Constitutional Court seeking to overturn a recent ruling made against it by the Supreme Court after describing it as a sham to property rights.
A recent judgement favoured the respondent, businessman Prosper Machekera as the owner of Radnor 58 resulting in the company approaching the ConCourt citing a litany of loopholes in the handling of the case.
In its chamber application for leave to appeal filed at the ConCourt, Milmath Security Private Limited represented by its director Mathias Madziwanzira said the Supreme Court order violated the right to a fair hearing among other reasons.
“The basic of the application is that on March 10, 2023, the Supreme Court of Zimbabwe handed down an order which violates the applicant’s fundamental rights and freedoms namely, the right to property, the right to a fair hearing and the right to equal protection and benefit of the law,” read the court papers.
“The judgment upholds a High Court judgment which deprives the applicant of its property, namely gold claims, for no reason.
“The High Court judgment also reviews the forfeiture of the first respondent’s base mineral claims, which took place in 2007 in the absence of an application for review and in violation of the right to a fair hearing.”
The disputed gold claims that fall under Radnor 58 are located in the gold-rich area of Makaha in Mudzi, Mashonaland East province.
The provincial mining commissioner, Mines minister Winston Chitando, permanent secretary and chief mining commissioner were cited as respondents in this case that has been hogging the limelight for years.