Home » Judicial » ACR’s Claims Appeal Thrown Out

African Consolidated Resources Plc (ACR) suffered a heavy blow last week after the Supreme Court threw out its appeal against the High Court decision which nullified its diamond mining claims in Chiadzwa on grounds they were fraudulently acquired. It emerged in court that ACR lawyers wanted to abandon the appeal through a letter copied to the Zimbabwe Mining Development Corporation, Marange Resources and Mineral Marketing Corporation of Zimbabwe, listed as defendants in the case.

The court and Minister of Mines and Mining Development, Walter Chidhakwa, were not notified of ACR’s intention to withdraw the appeal.

The firm’s lawyers even failed to appear in court to make a formal withdrawal.

The court only became aware of the new twist to ACR’s appeal after lawyer Mr Farai Mutamangira, who was appearing for the Ministry of Mines, brought the issue to the attention of the judges.

Justice Vernanda Ziyambi dismissed the appeal and ordered ACR to pay the legal costs for failing to follow proper court procedures in withdrawing its appeal.

“As far as the court is concerned the appeal has not been withdrawn,” said Justice Ziyambi. She accepted Mr Mutamangira’s submission that ACR meets the costs of the appeal on a punitive scale.

Justices Paddington Garwe and Antonio Guvava concurred with the ruling.

ACR had gone to the Supreme Court challenging a decision by High Court judge Justice Charles Hungwe to reverse his earlier judgement that gave the diversified mining firm rights over Chiadzwa claims and ordered that the company be allowed to resume operations.

In the earlier judgement, Justice Hungwe had also ruled that diamonds mined from Chiadzwa by ZMDC be returned to ACR and further ordered the return of 129 000 carats that had been seized from the company.

Source : The Herald