Brenna Matendere
Zhombe—A farmer whose privately-owned dam is being invaded by the traditional paramount leader, Chief Gwesela, and his compatriots in Zhombe who are clandestinely conducting illegal alluvial gold mining under the guise of “dam scooping” has filed a High Court application seeking an order to stop the operations.
Dave Tongai Mhondiwa, the farmer who holds title deeds to the farm where Madollar Dam is located, wants the court to bar Chief Gwesela, born Ndabazihle Wait Ndebele, along with his partners, from illegally mining gold in the water source.
Earlier this year, Information for Development Trust (IDT), a non-profit organisation supporting investigative journalism into public accountability, commissioned a probe that uncovered the environmental damage within the dam caused by Chief Gwesela and his partners, who engaged in illegal alluvial gold mining under the guise of a desilting exercise or “dam scooping”.
The investigation revealed that Chief Gwesela obtained permission to conduct the ‘dam scooping’ from Zibagwe Rural District Council through corrupt means.
Police in Kwekwe went on to give him support by guarding the illegal activities.
In the latest development, Mhondiwa, through his lawyers from Tsunga Bhamu Law International, wants the High Court to stop the illegal activities.
Arnold Tsunga, the principal managing partner at the law firm, confirmed the development to NewsHub on Monday this week.
“The matter is awaiting set down. Judge (Tawanda) Chitapi is the one allocated to deal with it,” he said.
The companies that Chief Gwesela is working with in the “dam scooping”, Hard Rock Mine and Antelope 29 Mine, are cited as first and second respondents, respectively.
The third respondent is Zibagwe RDC followed by EMA, the Kwekwe district commander (Dispol), the police commissioner general and Chief Gwesela as the seventh respondent.
“Madollar Dam used to supply water to farms owned by individuals who have title deeds and 99-year leases, as well as to the local community and its livestock.
“Now, the water has completely been emptied from the dam due to mining,” said Tsunga. The dam wall has been breached and gold processing equipment installed.
“Downstream, livestock and (the) local community were waiting to fetch the contaminated water for drinking and domestic use when the litigation team visited. The threat to health for humans and livestock is ominous and ongoing,” said Tsunga.
He added that the case highlights the need for mining law reform as well as serious implementation of the well-articulated government policy banning riverbed mining.
“This is an application for an interdict to bar and stop the first, second and seventh respondents and their agents or representatives from alluvial gold mining and riverbed mining activities at Madollar Dam and along Simwa Mombe River (also known as Sinwangombe River) in Sessombe, Zhombe,” reads part of the court application.
“I also seek an order interdicting the 5th (dispol) and (Commissioner General police) Respondents from deploying their police officers to offer security and protection to the 1st (Hard Rock Mine), 2nd (Antelope Mine) and 7th (Chief Gwesela) Respondents and/or their agents or representatives while they are in the course of conducting alluvial gold mining, riverbed mining and/or conducting unlawful dam scooping,” it further states.
“I further seek an order barring the second and seventh respondents from conducting any scooping exercise at Madollar Dam or riverbed or alluvial gold mining along any point of Simwa Mombe River (also known as Sinwangombe River) in Sessombe, Zhombe without first obtaining an Environmental Impact Assessment Certificate from the 4th Respondent (EMA).
“Lastly, I also seek an order directing the third respondent (Zibagwe RDC) to withdraw and revoke the authority it issued to the first and second respondents to conduct dam scooping exercise at Madollar Dam without first obtaining an Environmental Impact Assessment Certificate from the fourth respondent,” it adds.
In his founding affidavit, Mhondiwa says his family owns and occupies the farm in Sessombe, Zhombe, which is commonly known as Sessombe Farm 9, situated in the district of Kwekwe.
He says the farm measures 721.8092 hectares and is registered in the names of his parents, Obert and Kessy Mhondiwa, and he attached a copy of the deed of grant.
He further avers that Chief Gwesela is the traditional and paramount chief for the area but violated the family’s property rights to the farm by invading the dam.
Section 71 of the constitution guarantees every citizen the right to acquire and own property either individually or in association with others.
The section further elaborates that citizens may not be blatantly and unlawfully deprived of their property.
“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.
“Sometime in 2024, I noticed some people working with Chief Gwesela, scooping water from the smaller Madollar dam.
“I engaged them verbally and enquired as to their activities at the smaller dam and they advised me that they had been sent by the 3rd Respondent to conduct dam scooping.
“However, I was surprised when they scooped water out of the dam, leaving the smaller Madollar Dam basin completely dry such that there is no longer any water in the basin of the smaller Madollar Dam to date,” added Mhondiwa.
“I then noticed that a contingent of Zimbabwe Republic Police Officers also descended onto Madollar dam and erected a tent where they live up to this day.
“The Zimbabwe Republic Police Officers arrive at their tents at Madollar dam in the evening and sleep there overnight, offering protection and security services to the 1st and 2nd Respondents and their agents and representatives,” further said Mhondiwa.
He concludes by telling the court that all his efforts to seek other remedies to resolve the crisis had failed as Chief Gwesela and his partners continued to rip through Madollar Dam with heavy machinery.
By extension, his two neighbouring commercial farmers, Taurai Runesu and Robert Chivurugwi, both of whom hold 99-year leases to their properties, also relied on the dam, along with rural residents in villages 18, 19, and 20 of Sessombe, Zhombe, located downstream.