By Mary Taruvinga
DINSON Colliery Company (Private) Limited (Dinson Colliery) has dragged Home Affairs minister Kazembe Kazembe to court claiming police unlawfully seized its 40 000 litres diesel.
Also cited as respondents are Police Commissioner General, Godwin Matanga and one Sergeant Mazani N. O as well as Tanaka Energy Private Limited.
According to court papers, Dinson purchased and paid for 40 000 litres of fuel from a company called Daily Dose (Private) Limited in January and the fuel was duly delivered to its mining premises in Hwange.
Now Tanaka Energy, cited as fourth respondent, is claiming non-payment of fuel by Daily Dose and has since filed a report for fraud with the police against Daily Dose.
This has prompted police, through Sergeant Mazanhi, to bar Dinson Colliery from using its fuel until the end of court proceedings.
Dinson Colliery says the notice of seizure issued by the police was illegal because it is unreasonably wide.
“The notice purports to bar the use of fuel tanks and dispensing equipment are not logically connected to the criminal proceedings.
“It is therefore unreasonable and so outrageous in its defiance of logic that it must be set aside,” reads the urgent court application now before the High Court.
Lawyers representing the complaint said Dinson Colliery’s mining operations have been disrupted as there was no longer any diesel storage and dispensing facility.
“The matter is therefore extremely urgent. The balance of convenience is in applicant’s favour.
“There is no proof that any of the diesel purchased from Daily Dose is still in the tanks and there is a need for applicant to continue with business by using and having access to the tanks,” said Mushoriwa Pasi Corporate Attorneys.
The matter is yet to be heard.