Gwanda magistrate, Sheila Nazombe, revealed this while delivering judgement in a case in which two of the three suspected gold panners, Abe Ndlovu and a 16 year old juvenile were facing charges of prospecting for gold without a licence.
The mine owner only identified as Smit and his employees allegedly threw fire crackers into the shaft to try and flush out the panners on December 27 last year at Windmill 1 Mine, New Corburg in Colleen Bawn.
Realising that the trio was not coming out, they allegedly closed the mine shaft’s opening to prevent them from leaving during their absence and left a mine employee guarding the place.
The trio endured 18 hours down the shaft and only shouted for assistance on the following morning and police were called in.
They were arrested as they emerged from the shaft. The two were initially charged together with Mandlenkosi Moyo but he absconded court and is on the run. The pair pleaded not guilty arguing that they had permission from Smit to mine.
Magistrate Nazombe acquitted them. In her judgment, Nazombe said the complainant’s actions were driven by acrimony and he had wanted to fix and harm Ndlovu and the juvenile as he sealed off the mine shaft.
The magistrate said the mine owner’s intention was to injure the trio because of an acrimony which existed between him and Ndlovu whom he had earlier on had a scuffle with over his salaries at the mine.
“State witnesses said fire crackers were thrown into the shaft and clearly it was to injure as no one could come out when fire crackers are being thrown in. The state failed to call an independent witness. I’m convinced that the acrimony which was between the complainant and the accused showed that state witnesses had something to hide and had a motive to cause the arrest of the accused. The evidence of the state witnesses is not reliable and therefore the accused are found not guilty and acquitted,” ruled Nazombe.
The magistrate also said Smit’s evidence and that of his witnesses was unreliable to warrant the conviction of the pair. Charges against the two were that on December 27 last year at about 8PM, they entered the mine shaft using a rope that was tied to disused headgear equipment.
While inside, they started digging for gold using chisels. Philani Nkomo saw them trespassing and informed Smit. Police were called and they tried to entice the trio out of the shaft but they allegedly did not come out.
They were charged for illegal gold panning but Moyo absconded trial leaving his co-accused Ndlovu and the juvenile to stand trial.