‘ED, Oppah Muchunguri Dragged to Court for Using Army to Boot Out Mwenezi Company’ 1 February 2020

A local conservancy company, Apatron Mining has dragged President Emmerson Mnangagwa; Defence Minister, Oppah Muchinguri and Commander of the Defence Forces, Valerio Sibanda to court for deploying soldiers to unlawfully evict the firm from its property in Mwenezi district in Masvingo province. Aptaron is also suing other 12 respondents. The company's Managing Director Vusumuzi Mazibuko Wednesday filed an application at the Bulawayo High Court challenging the presence of armed soldiers at Mujingwa Conservancy. This is an application to declare unconstitutional and therefore unlawful the entry into and continuing presence of armed soldiers at Mujingwa Conservancy, Mwenezi. Consequential relief is sought to the effect that the soldiers be ordered to vacate the conservancy," submitted Mazibuko in his application.

According to Mazibuko, on 11 October 2016, Apatron received an offer letter to enter into a joint venture of the conservancy with the Zimbabwe Parks and Wildlife Management Authority (Zimparks). "The offer letter was signed by the board chairman (Zimparks) on the 11th of October 2016 and by the Permanent Secretary on the 12th of October 2016 and myself on behalf of the applicant on the 12th October 2016. It was thereafter approved by the 15th respondent herein," he said. Mazibuko said on 12 October 2016, Apatron received a letter from the director commercial of Zimparks indicating that the partnership agreement was being drafted and shall be forwarded in due course.

…Following the army's intervention Mazibuko said the company instructed its legal practitioners to lodge a complainant with the Deputy Sheriff of Zimbabwe, Macduff Madega who is also cited as the fourth respondent. "Despite the complaints to the 2nd respondent (Sibanda) and 3rd respondent (Muchinguri), the soldiers have maintained an armed presence at the conservancy. In terms of section 208(4) of the Constitution of Zimbabwe, serving members of the security must not be employed or engaged in civilian institutions except in periods of public emergency," submitted Mazibuko in the application.