The gold mining claims in question are under Block 16 Quarts mining claims called Jilikin 25, registration number 12641BM whose owner, according to court papers seen by NewsDay, is Chad Cecil Mupandanyama, since 2005. President Emmerson Mnangagwa’s son, Tarirai David Mnangagwa is being accused of seizing gold mining claims in Gweru after the owners had invited him to invest in the project.
But last month, Mnangagwa filed an application with the court, alleging that he had been duped of US$4 million by Mupanganyama after he was booted out a company which he co-founded.
Mupandanyama together with his company, Swifteagle Investment Business Consultancy (Pvt) Ltd, cited Eliazel Mushiringi, Tarirai David Mnangagwa, Ruan Meats Enterprises (Pvt) Ltd, Wozheri Stone Crushers (Pvt) Ltd, Registrar of Companies, provincial mining director, Mines minister Winston Chitando as co-respondents in the matter.
Mupandanyama said initially, he was partners with Mushiringi, who later roped in Mnangagwa to register a company called Wozheri Stone Crushers (Pvt) Ltd using a forged signature and other documents obtained fraudulently. As a result, Mupandanyama is seeking the High Court to issue an order declaring the registration of Wozheri Stone Crushers unlawful.
Mupandanyama is also seeking the cancellation of the memorandum of agreement entered into between Mushiringi and Mnangagwa on November 28, 2017.
“… and consequently, that the first to the fourth defendant’s (Eliazel Mushiringi, Tarirai David Mnangagwa, Ruan Meats Enterprises, Wozheri Stone Crushers) together with their sub-tenants, assignees, invitees, members and all other persons claiming occupation through them should within 10 days of service of this court order vacate from the mining claim,” Mupandanyama said in his affidavit.
According to Mupandanyama, the drama started on January 7, 2016, when he entered into a tribute agreement with Mushiringi in terms of which he (Mupandanyama) agreed to grant mining rights to Mushiringi to develop, extract, mill and treat ore from the same and dispose of the product for own account.
“In terms of the agreement first defendant (Mushiringi) undertook to pay 5% of the total gross value of gold and/or any other valuable product extracted from the said mining location,” he said.
On March 18, 2016, Mupandanyama said Mushiringi entered into another agreement with Mnangagwa in terms of which he agreed to give up his mining rights, which he was exercising by virtue of the tribute agreement with Mupandanyama, to Swifteagle.
This included installation of a granite crushing plant, payment of council fees, mine inspection fees, transport, food, accommodation, site fencing, costs of assaying and application of certificates.
“The second plaintiff (Swifteagle) paid a commitment fee of US$10 000 to the first defendant and the agreement will be expiring in March 2036,” he said. However, around September 2017, Mupandanyama registered a company with Mushiringi to carry out mining activities at his mining claims.
They agreed to dissolve their prior tribute agreements and regularise their mining activities through registration of a new company. On October 6, 2017 they registered a company, Ultrech Trading to be used as a special purpose vehicle to exploit the mining claim.
But, on November 21, 2017, Mupandanyama said Mushiringi misled him into signing a form to transfer his mining rights at Jilikin 25 which he alleged was necessary to effect the name change.
They also agreed to allot shares, of which Mupandanyama would get 32,5%, Swifteagle 32,5% and Mushiringi 35%. Besides the sharing of shares, Mupandanyama said they agreed to invite investors who would get 60% shareholding upon paying a commitment fee of US$500 000 to the company.
“In pursuance of the resolution to find investors for the company, the first defendant introduced the second defendant (Mnangagwa) as a consultant who could court investors to exploit the mining claim whereupon it was agreed that if the second defendant succeeded in courting an investor he would be allocated 5% of the first defendant’s shares in the enterprise ex gratia,” Mupandanyama said.
He said Mushiringi, “and acting with deceit and in connivance with Mnangagwa”, allegedly forged Mupandanyama’s signature on the memorandum and articles of association “of the fraudulently procured company thereby unlawfully making a share allocation to themselves and to Mupandanyama” as follows Chad Cecil Mupandanyama 100 shares; Eliazel Mushiringi 300 shares and Tarirai D Mnangagwa 1 200 shares.
“The procurement of the registration of the fourth defendant, the appointment of directors therein and share allocations was null and void as there was no sanction for such acts authorised by first and second plaintiffs,” he said.
“In violation of the agreement of November 27, 2017, on November 28, 2017, the first defendant purportedly entered into yet another fraudulent memorandum of agreement with the second defendant in respect of the first plaintiff’s mining claims.”
The matter is pending. Tarirai made headlines in May this year when he reportedly fired shots into the air repeatedly, threatening to shoot a Zesa employee deployed to take meter readings at his farm in Norton, Plot 52 Bundu Park Farm, Lydiate, about 40km west of Harare.
Source – Bulawayo24