The High Court has ordered the immediate restoration of Botha Gold Mine to its operators, warning that disputes in the mining sector must be resolved through the courts rather than through what it described as unlawful interference.
In a ruling delivered in Harare, Justice Mandaza granted an urgent spoliation order in favour of Side Electrical (Private) Limited, trading as Botha Gold Mine, under Case No. HCH653/26.
The order compels Freda Rebecca Gold Mine and associated parties to restore full possession and occupation of Botha Gold Mine and to cease all interference with its operations.
The court directed that fencing erected in contested mining areas be removed and that individuals linked to the dispute vacate the site. The affected zones include Gwirigwindini, Headgear, Morocco and GMB.
In addition, the respondents were ordered to pay legal costs on an attorney-client scale, jointly and severally.
A spoliation order is granted when a court finds that a party has been unlawfully dispossessed of property, regardless of the underlying rights to ownership. By issuing the order, the court affirmed that Botha Gold Mine had been improperly deprived of possession.
The decision follows a separate High Court ruling in a related matter concerning the Blue Tents mining area near Bindura, close to Botha Gold Mine. In that case, the court conducted a site visit and concluded that dispossession had taken place without due legal process, ordering restoration of possession and authorising enforcement by the Sheriff if necessary.
Taken together, the judgments underline what the court described as a consistent legal position against “self-help” measures.
A representative of Botha Gold Mine said the company had approached the court to defend its lawful rights.
“This ruling is a decisive affirmation that the rule of law remains paramount. No entity, regardless of stature or influence, is permitted to dispossess another through self-help measures.We approached the Court not for confrontation, but for lawful protection of our rights,” the representative said.
The company added that it remained committed to operating “peacefully, transparently and within the confines of Zimbabwean law,” with a focus on sustainable mining and community development.
The case arose amid reports of fencing within operational zones, disruption of mining activities and public notices discouraging engagement with Botha Gold Mine.
The High Court’s intervention now restores the status quo and sends what legal analysts describe as a clear message: disputes over mining rights must be settled through due process.
