Zanu PF Mberengwa North legislator, Tinashe Shumba, has been taken to court after he attempted to evict villagers from their ancestral lands to pave way for gold mining activities.
The villagers, led by John Dube and Itai Chu, cited the Kubatana Mining Union represented by Shumba, the Ministry of Mines and Mining Development, as well as the officer in charge of the Minerals Division of the Central Police Investigation Department in Zvishavane as defendants in the case.
According to court papers, sometime in 2023, Chu obtained a prospecting license under the name Kubatana Mining Syndicate.
Dube stated that from March 27 to 29 this year, Shumba and his companions invaded their lands and pastures to prospect for gold.
Shumba then bragged that he was so powerful that he was untouchable, Dube claimed.
“Realizing the seriousness of these threats and activities that were ongoing and our absolute lack of protection from such powerful threats and intrusions, I sent Cho and his son Tatenda Cho to the police (third respondent) to report these developments and they did so,” Dube submitted.
“At the police station, officials called Shumba and he admitted that he was the one who carried out these raids, and when he was asked to come to the police station, he chose to send his manager, who was not at the police station at any time.”
He stated that the police ordered Shumba to stop mining operations, but he refused, which led to the case moving to the courts.
“Surprisingly, Shumba’s threat team has been operating in our home heavily armed and threatening to harm anyone who interferes with their mining activities in our fields and home,” he said.
Dube said he holds a valid settlement permit LSCFA/0230780 for Pavilion No. 209 under Chief Mazyova located in Zhou House.
The permit was issued on 13 July 2009 and contains 15 hectares of arable land issued under the 2006 Mberengwa Rural District Council Settlement Permits.
Dube has lived with Cho and at least 17 family members since then.
In his application, Dube sought a ban on Shumba’s mining operations on his property.
“Attempts to engage the applicants mentioned here were futile and instead Shumba resorted to using violence, influence, force, intimidation and harassment of my family,” he said.
“I have the right to property and the protection of the law.
“No one is above the law and it is Shumba’s duty to respect mining laws.
“I have constitutional rights that should be respected, protected and preserved.
“Shumba’s actions amount to self-help and taking the law into his own hands.”
He said his family members now live in fear of Shumba and his companions.
“Some armed individuals were walking around my property in a frightening manner and threatening my family with all kinds of harm if we interfered in their operation,” he said.
“As we speak, Shumba and his agents are collecting ore and causing unwanted damage to my land without my consent and at my loss.
“I am generally indisposed and ill and of fairly advanced age, hence I have always entrusted Cho and his son Tatenda with running the operations at home.”
Masvingo High Court judge Justice Jaraniso Mawadzi issued the interim order in favor of Dube and Chu, halting mining operations pending a hearing. standard