MINING firm African Consolidated Resources (ACR) has appealed to the Kimberly Process against government’s continued exploitation of the disputed Marange Diamonds fields in violation of a recent judgment by Chief justice Godfrey Chidyausiku.
A letter dated February 26 signed by the company Chief Executive Andrew Cranswick said the company does not want Zimbabwe to be suspended from the KP, but wants the authorities to be guided towards “transparent and legal extraction and sale of its national assets.”
“This company has repeatedly, over the past several years, attempted to enter into a Joint Venture with the Zimbabwe Government on more favourable terms than those recently granted to two shaddy South African operators who took occupation (of the fields in) July 2009 and continue to mine illegally. We continue to be ignored by the Ministry of Mines,” ACR said.
The letter adds that: “as you may be aware, the High Court ruled in September 2009 that ACR mineral rights are and have always been valid over the Marange diamonds field, and that all diamonds ever mined there belong to ACR. More specifically, the Court Order was stipulated to take effect regardless of any appeals. The Court ruling was ignored by MMCZ, ZMDC, the Ministry and the illegally operating companies.”
ACR is at the centre of the disputed ownership of the lucrative Marange diamond fields in eastern Zimbabwe with the London Alternative Investment Market (AIM) listed firm accusing the government of trying to muscle it out of the concession.
The company is fighting its case in the country’s courts although the government has since licensed two other companies to operate in the area in joint ventures with the state-owned Zimbabwe Mining Development Corporation.
“The Supreme Court recently reviewed this ‘execution pending appeal’ section of the High Court Order after the Ministry appealed against the ruling and against instant execution.
“The Chief Justice presided over the review case and earlier this year the Supreme Court ordered that all diamonds ever mined from Marange must be held by a neutral party in safe-keeping pending the hearing of appeal. He also ordered that all mining must cease pending the outcome of the main appeal. Neither of these orders have been obeyed,” the company said in the letter.
Cranswick warned that should the Kimberly Process certification scheme approve the sale of any gems extracted from Marange it would be complicit it would be complicit in two criminal activities which are- trading in stolen goods and the continued contempt of court.
Trade in diamonds extracted from the area is presently suspended while the country takes measures to comply with the Kimberly Process certification requirements.
A KP monitor who was in the country last week was reported as saying that he was satisfied with the measures the country had put in place adding he would return in the coming weeks to certify the rough diamonds for export.
Meanwhile the government has since indicated that it would cancel ACR licence alleging the company secured the mining rights improperly from industry giant De Beers.
Mines Minister Obert Mpofu also accused De Beers of looting the Marange fields for over 15 years while pretending to government it was only engaged in exploration work.