Miners cry foul over attached gems

DIAMONDLloyd Gumbo Senior Reporter
Diamond mining companies say the continued delay in concluding their court case with a South African platinum company and Dutch farmers who sought to attach their gems worth US$45 million, is a ploy to frustrate their operations and ground them to a halt.

Their remarks come in the wake of another postponement of the judgment by a Belgian court on Thursday to next month.

The case involved the former commercial farmers’ application to attach the precious gems as compensation for farms that were compulsorily acquired and redistributed by Government to the landless majority.

The precious gems were first attached in September last year in Antwerp by Amari Platinum after obtaining a court order which was later rescinded.

There are indications that Amari Platinum and the 12 Dutch farmers dubbed the Funnekotter group have lined up appeals until April to ensure that the firms do not get back their diamonds.

The diamond firms are already feeling the heat as failure to get money from the sequestrated gems have seen them fail to pay their statutory obligations as well as their service providers and salaries.

Marange Resources acting chief executive officer, Mr Mark Mabhudhu, said diamond mining companies had suffered enough because of the delays in concluding the matter.

“They are just seeking to make our business suffer,” he said. “We are, however, waiting for official feedback from our team that went to Belgium, but the key issue is that the more the delay, the more the strain on the business.

“We need to normalise revenue inflow because sequestration of goods has placed us under serious pressure from the business creditors, salaries and statutory obligations.

“This is the evidence of the ugly side of sanctions (imposed on Zimbabwe by the West). It’s making it difficult for our operations.”

Diamond Mining Company general manager, Mr Ramsey Malik, said judgment was likely to be postponed until the diamond firms lost the case.

“These are just delaying tactics that happen in all judicial systems that are unfriendly. Basically, I call them suffocation tactics. I will, however, get full details from our lawyers later.

“But every time you are not paid you are set back on your commitments and obligations, which make it difficult to meet the needs of the company,” said Mr Malik.

Sources told The Herald that Amari Platinum and the Dutch farmers had delaying tactics in place.

“The hearing of the 18th of December was postponed until the hearing of January 8, 2015, during which the third party opposition cases were treated. Judgment is expected to be rendered on 5 February 2015.

“On December 9, 2014, Amari Platinum lodged an appeal against the attachment judgments, rendered on 4 December 2014. This appeal will be introduced on the 25th of March, 2015 before the Antwerp Court of Appeal.

“On December 30, 2014 Funnekotter lodged an appeal against the attachment judgments rendered on December 4, 2014. This appeal will be introduced on April 22, 2015 before the Court of Appeal of Antwerp,” said the source.

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