HARARE - The Zimbabwe High Court has reserved judgement in a case in which African Consolidated Resources, ACR, was seeking confirmation of its right of title to claims on the Marange diamond field.
The UK-based ACR, which is listed on the London Stock Exchanges AIM market, wanted confirmation of a ruling handed down by Justice Charles Hungwe on September 27, 2009, when the judge validated ACR claims on Chiadzwa. The latest suit was prompted by Zimbabwe’s auction of diamonds from Marange in July, which ACR claims are its diamonds. But Justice Hungwe has now made a volte face and reserved judgement in a matter where he was simply supposed to confirm his earlier ruling.
The Zimbabwe government seized ACRs Marange diamond field in October 2006 and allocated the claim to the state-owned Zimbabwe Mining Development Corp. The seizure, backed by Zimbabwes military, took place after thousands of illegal miners descended on Marange. African Consolidated had held the claim for less than a year before its confiscation.
Hungwe heard submissions from the key protagonists, the Mines and Mining Development ministry and ACR, and reserved judgement saying he needed to time to consider the arguments.
The ministry, through Harare lawyer Advocate Farai Mutamangira of Mutamangira and Associates, is seeking the rescission of Justice Hungwes September 27, 2009 ruling. The ministry claims ACR concealed important information prior to the judgement in ACR’s favour. This was staunchly rejected by Jonathan Samkange, who appeared for ACR.
The ministry also claims ACR fraudulently acquired rights to the Chiadzwa diamond fields, but Hungwe directed the ministry to launch a fresh application to set aside the judgment earlier granted in favour of ACR.
The Zimbabwean government has never given a formal reason for the seizure of ACRs diamond claim in eastern Zimbabwe.
Post published in: News