A member of a mining syndicate operating in Matobo District in Matabeleland South has been taken to court by his colleagues after he allegedly forged documents and took over control of the mine.
Mr Brian Samuriwo of Amazon Mining Syndicate allegedly forged signatures of other members of the syndicate and misrepresented himself as the syndicate’s accredited agent.
The fake signatures were appended on the accredited agent’s certificate of appointment, which he used to secure a default court judgment, which effectively allowed him to take control of all the machinery and gold ore.
Mr Stanley Ndlovu, who is Amazon Syndicate’s duly registered accredited agent, and two other members Messrs Obert Mpofu and Andrew Kapara filed an urgent chamber application at the Bulawayo High Court challenging the execution of the order granted in favour of Mr Samuriwo.
In papers before the court, Mr Samuriwo, the Sheriff of the High Court, officer commanding police in Matabeleland South province and the Ministry of Mines and Mining Development were cited as respondents.
The applicants, through their lawyer, Mr Nqobani Sithole of Ncube Attorneys, are seeking an interim order interdicting Mr Samuriwo from executing the court order issued in his favour under case number HC 704/21.
The applicants said in the event that the Sheriff of the High Court had started executing the judgment, the process should be suspended pending determination of their application for rescission of the judgment.
In his founding affidavit, Mr Ndlovu said the judgment ruled in favour of the first respondent (Mr Samuriwo) was issued in default hence they were now challenging it under case number HC 995/21.
“Pending the determination of application for rescission of the judgment under cover of HC 704/21, our case would be justly served if the first respondent and second respondent (Sheriff of the High Court) were interdicted from executing or continued execution of the judgment, which we are seeking to have it rescinded under HC 995/21,” he said.
Mr Ndlovu said he is the duly appointed accredited agent of Amazon Syndicate by virtue of an appointment registered with the Ministry of Mines and Mining Development on May 3, 2018 in Gwanda.
“I am the accredited agent and to date Amazon Syndicate has not been dissolved. The first respondent forged an accredited agent’s certificate of appointment and conjured up a document that indicates that my myself and the other applicants had on April 20, 2021 appointed him as Amazon Syndicate agent,” he said.
“The applicants’ names were forged into the document as well as signatures that purport to be ours were appended in the papers.”
Mr Ndlovu said Mr Samuriwo used the fake documents to acquire authority and title on June 4, 2021 to commence litigation against his colleagues.
“The first respondent alleged that he had been despoiled of its control and possession of machinery, gold ore, agitation tanks and overall control of the mine and thus sought restoration of the previously existing state of affairs,” he said.
In terms of the default judgment granted in favour of Mr Samuriwo by Bulawayo High Court Judge Justice Christopher Dube-Banda, the applicants who were cited as respondents were ordered to restore possession of machinery, gold ore, agitation tanks and effective control of Amazon Mining Syndicate to him.
Mr Ndlovu and the other two applicants were also ordered not to interfere with Amazon Mining activities.
Mr Samuriwo are the other respondents are yet to respond.