A legal dispute involving Botha Mine has intensified after the company filed a last-minute notice of appeal while authorities moved ahead with a court-ordered site inspection to verify environmental compliance.
The Environmental Management Agency (EMA) confirmed it had invited all parties to a ground verification exercise on 2 April following an order by the Bindura Magistrates Court.
The inspection is meant to establish the extent of Botha Mine’s Environmental Impact Assessment (EIA) certificate in line with a ruling issued under case number BNPCG74/26.
In a letter dated 1 April, EMA asked representatives from Side Electricals (trading as Botha Mine), Navid Incorporated a project manager for Freda Mine and the Zimbabwe Republic Police in Bindura to attend the exercise.
However, on the same day, lawyers representing Botha Mine filed a notice of appeal, a move that has drawn criticism from legal practitioners acting for environmentalist Leeroy Kambasha.
They argue the appeal is procedurally flawed, noting that it was directed to the High Court in Bulawayo despite the case originating in Bindura which falls under the jurisdiction of the Harare High Court.
“Filing an appeal in Bulawayo is procedurally incorrect,” the lawyers said in correspondence seen by this publication adding that the document appeared “defective”.
Legal analysts say the discrepancy could create confusion over where the appeal should be processed although there is no indication that any court has accepted the filing.
The dispute also centres on what exactly Botha Mine is appealing. Its legal team describes the matter as a challenge to a “judgment” dated 31 March 2026.
But opposing lawyers say that order issued by magistrate Ms M. Msika was not a final judgment but a case management ruling that postponed proceedings to 10 April and dismissed an earlier application as premature.
They argue that such an order is not typically subject to appeal.
“The interim interdict granted on 27 March remains in force,” the lawyers said maintaining that mining activities in the affected areas should remain suspended pending clarification of the EIA boundaries.
Under that earlier order, mining operations in areas including Kitsiyatota, Headgear and Phoenix Prince were halted until EMA demonstrates the scope of the certificate.
Despite the appeal notice, EMA said it would proceed with the inspection scheduled for 10:00 local time with participants expected to meet at the ZRP district headquarters in Bindura.
The agency has not publicly commented on the legal dispute but indicated that the exercise is being conducted in compliance with the court directive.
Botha Mine has not responded to the allegations that its appeal was intended to delay the verification process.
The case highlights wider tensions in Zimbabwe’s mining sector, where disagreements over environmental compliance and the scope of EIA certificates have increasingly led to legal challenges.
The matter is due to return to the Bindura Magistrates Court on 10 April for further argument.
Meanwhile, the inspection was carried out today and it was in correspondence with the 36 hectares that Botha Controls.
