Kwekwe magistrate Samukelisiwe Gumbo has dismissed an application for discharge filed by five Silobela villagers accused of malicious damage to property worth over US$5 000 and theft of goods worth over US$47 000 at Turtle 54 Mine in the Midlands province.
The five, Thabani Ncube (50), Xolisani Ncube (45), Nkosilathi Nkiwane (30), Prosper Ndlovu (32) and Godfrey Nyamhunga (38) are, however, denying the charges.
On Tuesday last week, they applied for discharge through their lawyer, citing lack of evidence linking them to the offence.
The application was, however, dismissed and the matter will proceed to trial.
In dismissing the application, the magistrate said the accused had a case to answer and the matter must proceed to trial before remanding them to March 27 for commencement of trial.
The court heard that the complainant in the matter is Turtle 54 Mine, represented by its owner Apollo Mhlophe.
It is the State case that on August 19, 2022 at 11am, the five forcibly took control of the mine. They allegedly ordered everyone who was at the mine to vacate with immediate effect.
The court heard that Richard Ndlovu, Turner Nkosi and Nothando Mufiri, who were some of the mine security, went away leaving the accused persons in charge of the mine.
After the guards had left, Mufiri and Reason Sigodo reportedly advised Mhlophe, who was in Bulawayo, about the situation on the mine.
The State further avers that on August 22 at around 1400 hours, Ndlovu, Nkosi and Mufiri went to the mine to negotiate with the five accused on behalf of the mine owner and discovered that wooden cabins at the mine had been destroyed during their absence.
The trio also claim that the accused refused to negotiate and instead ordered them to immediately leave the mine premises.
On August 25, a report was made to the police at Silobela who went to the mine and recorded statements from witnesses who indicated that the accused persons and unknown villagers had destroyed the mine wooden cabins, leading to the arrest of the five suspects.
The value of the damaged property was US$5 150.
Also goods worth US$47 768 that include hammer mills, ball mills, solar lights, electric motors, gold mates, beater safer, jack hammers, water pumps, drill steel, picks, shovels, steel ropes, diamond fence, button beats, set of spanners, hard nuts, hammer mill safer and a hose pipe were also stolen.
