Botha Gold Mine Seeks Court Protection to Block Police Probe

Botha Gold Mine operator Side Electricals has filed an urgent High Court application seeking to block a police probe into alleged mining irregularities, encroachment and underpayment of inspection fees in Bindura (image source)

BINDURA — Side Electricals (Pvt) Ltd, the operator of Botha Gold Mine (Kitsiyatota), has filed an urgent High Court application seeking to block a police investigation after documents from the Ministry of Mines allegedly exposed serious irregularities in the mine’s operations.

The dispute arose after Side Electricals closed mining shafts operated by Angel Mpofu, Mcpern Enterprises and Laird Enterprises on November 14, 2025, without a court order. The affected miners challenged the move, and Justice Chikowero ruled that they had been unlawfully dispossessed, granting a spoliation order compelling Side Electricals to restore possession of the shafts. The Sheriff subsequently reopened the shafts, but the company allegedly closed them again, triggering contempt of court proceedings.

Following these developments, the miners filed a police report, resulting in the issuance of a warrant of search and seizure. Investigators say a survey diagram obtained from the Ministry of Mines shows that Botha Gold Mine encroached onto land legally registered under Freda Rebecca Gold Mine’s Mining Lease 21. Police maintain that the warrant was lawfully obtained and executed in the public interest.

Side Electricals disputes the legality of the warrant, describing it as “grossly irregular” on the basis that it was overly broad and issued to “any peace officer.” In its affidavit, the company alleged that the warrant was being abused for personal interests. However, legal observers point to concern within the company over a paragraph in its own affidavit that it attempted to prevent from being disclosed.

In that paragraph, Financial Director Ashley Z. Zulu acknowledged that information obtained through the investigation could be “adversely used against the interests of the Applicant.” Critics argue that the statement reflects apprehension that the investigation could uncover incriminating evidence.

(image source)

Additional allegations suggest that Botha Gold Mine may have prejudiced the state through underpayment of statutory inspection fees. While the company reportedly declared only 40 hectares for inspection purposes, the Ministry of Mines’ survey diagram allegedly indicates that mining operations extended over more than 300 hectares. Under Statutory Instrument 40 of 2022, inspection fees are charged at US$150 per five hectares, implying that Side Electricals paid approximately US$1,200 instead of the estimated US$9,000 required for the larger operational area.

The search warrant authorises investigators to obtain official mining coordinates, boundary maps and ownership records relating to the Tunisia and Jamaica shafts. Sources close to the matter say the company’s bid to block the warrant is driven by concerns that official state records could conclusively establish illegal encroachment.

Legal experts argue that the urgent High Court application is less about protecting constitutional rights and more about shielding the company from potential exposure. The court is expected to rule on the matter soon, a decision that could determine whether Botha Gold Mine faces criminal liability for alleged fraud and unlawful encroachment.