News / National
Miner jailed 1 year over contempt of court
19 Jan 2019 at 08:41hrs | Views
A MASHAVA miner, Takunda Mujumi, has petitioned the High Court seeking rescission of judgment after he was slapped with a 12-month jail term for interfering with SMM Holdings mining claims despite a court order prohibiting him from doing so.
Mujumi filed the court application on January 11 while detained at Whawha Prison in Gweru, arguing that the default judgment culminating in an order for his committal to prison over contempt of court charges was granted in error.
Giving a chronological order of events, Mujumi said through his two registered companies, Icon Alloy (Pvt) Ltd and Hardware (Pvt) Ltd he used to carry out mining activities at various claims situated at Gaths Mine in Mashava.
Sometime in 2009, he said, SMM Holdings petitioned the court, seeking an interdict to bar him from mining on the two claims and a provisional order was granted by the High Court on July 3, 2009. He further said the same order was eventually confirmed as a final order on September 23, 2009.
Pursuant to the final order, Mujumi said SMM Holdings prepared a writ of execution, seeking to evict him from the mines and the order was executed by the Sheriff of the High Court, who is cited in court papers as the second respondent.
"Later on, the first respondent (SMM Holdings) then made an application of contempt of court against me and my companies, alleging that I disregarded the interdict in question under case number HC5107/17. First respondent was alleging that I went back to mine at the claims where I had been interdicted, of which that was not true," Mujumi said.
The miner further said he then instructed his lawyers to file opposing papers on the contempt of court charges, and the same were filed on July 12, 2017, but surprisingly, he later learnt that the matter was set down on an unopposed roll, leading to his incarceration on September 12, 2018.
"At a later stage, I discerned that a default judgment for the application of contempt of court was granted against me and my two companies. Upon inquiry with Mkushi and Maupa Legal Practitioners, as to what had transpired, I was advised that the notice of opposition had been mistakenly filed
without a case number and, therefore, it did not find its way into the requisite court record," he said.
"It is against such a background that I now approach this honourable court for rescission of judgment."
The matter is pending.
Mujumi filed the court application on January 11 while detained at Whawha Prison in Gweru, arguing that the default judgment culminating in an order for his committal to prison over contempt of court charges was granted in error.
Giving a chronological order of events, Mujumi said through his two registered companies, Icon Alloy (Pvt) Ltd and Hardware (Pvt) Ltd he used to carry out mining activities at various claims situated at Gaths Mine in Mashava.
Sometime in 2009, he said, SMM Holdings petitioned the court, seeking an interdict to bar him from mining on the two claims and a provisional order was granted by the High Court on July 3, 2009. He further said the same order was eventually confirmed as a final order on September 23, 2009.
Pursuant to the final order, Mujumi said SMM Holdings prepared a writ of execution, seeking to evict him from the mines and the order was executed by the Sheriff of the High Court, who is cited in court papers as the second respondent.
"Later on, the first respondent (SMM Holdings) then made an application of contempt of court against me and my companies, alleging that I disregarded the interdict in question under case number HC5107/17. First respondent was alleging that I went back to mine at the claims where I had been interdicted, of which that was not true," Mujumi said.
The miner further said he then instructed his lawyers to file opposing papers on the contempt of court charges, and the same were filed on July 12, 2017, but surprisingly, he later learnt that the matter was set down on an unopposed roll, leading to his incarceration on September 12, 2018.
"At a later stage, I discerned that a default judgment for the application of contempt of court was granted against me and my two companies. Upon inquiry with Mkushi and Maupa Legal Practitioners, as to what had transpired, I was advised that the notice of opposition had been mistakenly filed
without a case number and, therefore, it did not find its way into the requisite court record," he said.
"It is against such a background that I now approach this honourable court for rescission of judgment."
The matter is pending.
Source - NewsDay
