South Africa’s President Cyril Ramaphosa has responded to an application by the Friends of Shabanie Mashaba Mines (FOSMM), seeking his country’s courts to compel him (Ramaphosa) to take steps to correct the unconstitutional recognition and enforcement of the rights acquired by the government of Zimbabwe concerning SMM through a decree in the territory of SA.
In their lawsuit directed to the South African presidency, FOSMM states that the South African government acted unlawfully by allowing a Zimbabwean government order to take effect in South Africa, which is outside its legal jurisdiction and unlawful in the land.
Mr Fred Mutanda the Chair of FOSMM stated that no application was made for the recognition by a Court of law in SA of the authority of
the Administrator appointed in terms of the Reconstruction Law to act on behalf of SMM.
Responding to FOSMM’s application on September 2, Ramaphosa’s legal team said they would oppose the application on September 15, when the case will be heard.
SMM, formerly owned by businessman Mr Mutumwa Mawere owns asbestos mines—Shabanie in Zvisvavane and Gaths in Mashava. Both mines ceased operations one and half decades ago due to lack of funding and corporate conflicts.
It was placed under reconstruction in terms of Presidential Powers (Temporary Measures) (Reconstruction of State-Indebted Insolvent Companies) Act on September 16, 2004 and confirmed by the High Court on December 15 a year later, under the instruction of then Justice minister Patrick Chinamasa.
Chinamasa appointed SMM Holdings administrator Afaras Gwaradzimba, who allegedly sold the land under the company’s mining leases, with the land set to be converted into residential stands. ZimEye