Kurotwi ups bid to reclaim diamond mine stake

HARARE - Core Mining Resources director, Lovemore Kurotwi has opposed Marange Resources’ attempt to stop an arbitration hearing in his bid to reclaim his stake in the diamond mining firm.

The Zimbabwe Mining Development Corporation (ZMDC)-owned Marange had lodged an urgent chamber application in the High Court seeking that the arbitration process which was initiated by Kurotwi be stopped.

But in his opposing argument, Kurotwi through his legal team led by Beatrice Mtetwa said the route taken by Marange to rush to the High Court is frivolous and illegal as the Arbitration Act provides for mechanisms to resolve any dispute.

“It is submitted that there is no provision in the Arbitration Act in terms of which litigant is allowed to approach this court (High Court) while an arbitral matter is still pending unless the party is doing so to protect the subject matter of arbitration,” said Kurotwi in his court papers.

“It is submitted that the applicant’s case should be dismissed.”

According to the joint venture agreement signed between Kurotwi’s Core Mining Resources and Marange resources, any dispute that would have arisen between the two was to be resolved through arbitration.

“Any dispute which may arise as a result of the interpretation or application of this agreement which cannot be resolved within a period of (30) thirty days shall be referred to arbitration. The arbitration take place under the auspices of the Commercial Arbitration Centre at Harare,” reads the signed agreement.

Retired High Court Judge, Moses Chinhengo had been appointed to be the mediator and both parties have made their presentation.

Appearing before High Court Judge Mary Dube, Marange argued that the arbitrator has no jurisdiction to deal with the dispute.

Kurotwi said the diamond mining deal was illegally terminated after he fell-out with Mines minister Obert Mpofu whom he accused of demanding a $10 million bribe.

Kurotwi is standing trial at the High Court on allegations of prejudicing government of investment opportunities worth $2 billion. - Xolisani Ncube

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