Zimpapers Logo

Fidelis Munyoro Chief Court Reporter
Mbada Diamonds’ majority shareholder adopted a wrong process in bringing contempt of court action against the Zimbabwe Consolidated Diamond Company (ZCDC) in the case in which it sought the return of its security officers to Chiadzwa diamond fields.High Court judge Justice Esther Muremba ruled on Wednesday in an urgent chamber application brought by Mauritius-registered Grandwell Holdings, which holds 50 percent shareholding in Mbada.

She found that the parent company was also seeking an order previously granted by the same court.

Grandwell had appealed to the court seeking permission for security officers to secure ore that had been mined before the claims were taken over by the State-owned ZCDC.

“The interim relief being sought is incompetent as it was once granted.

“Therefore it is a matter which is now res judicata (decided) thereby rending this court functus officio (having discharged its duties),” said Justice Muremba.

The judge also accepted submissions by ZCDC lawyer Advocate Garikayi Sithole that the interim relief was predicated upon a final relief of contempt of court and could not be granted by way of an urgent chamber application.

“Put it differently, both the interim and final reliefs that applicant is seeking are incompetent,” said Justice Muremba.

“Both reliefs that are being sought being incompetent, I have no application to deal with,” said the judge dismissing the application with costs.

In its urgent application Grandwell wanted an order allowing Mbada security personnel to re-enter the area while seeking ZCDC and its directors to be criminally charged of contempt of court alleging that the State-owned firm was in defiance of the court order issued by Justice Tsanga under case number HC 2593 /17.

Justice Tsanga in April granted Grandwell Holdings an order interdicting Mbada Diamonds from collecting diamond ore from its concession, accessing areas secured by its personnel and not interfering in any manner with security arrangements in relation to the concession as per an interim relief granted by the same court earlier in February pending the finalisation of the appeal filled by ZCDC at the Supreme Court yesterday.

The appeal was heard and judgment was reserved to a later date.

Grandwell accused ZCDC of failing to observe a court order particularly that collection of ore from the areas covered by the orders had continued so as the interference with Mbada Diamond security arrangements.

The security personnel, argued that the company through its lawyer Mr Sternford Moyo were being prevented from executing their duties by ZCDC and the police in alleged acts of brazen and criminal contempt of High Court orders.

ZCDC through its lawyer Advocate Garikayi Sithole, opposed the application arguing that Grandwell Holdings was seeking an incompetent relief.

Adv Sithole argued that the noting of appeal by his client automatically suspended the order appealed against.

He said the relief that was being sought by Grandwell was untenable because the company wanted the court to hold his clients in violation of orders, which were suspended by operation of law.

In this regard Adv Sithole said Grandwell’s urgent chamber application marked the height of an abuse of court process by the firm, which was “slowly becoming a busy body by virtue of filling an application of this nature at every turn and when it gets sudden urge to do so”.