By Staff Reporter
A legal dispute over mining boundaries in Bindura has intensified after the High Court dismissed an appeal by Side Electrical (Private) Limited trading as Botha Mine clearing the way for the enforcement of a magistrates’ court order requiring rival mining companies to remain within their registered claims.
Lawyers representing miner Lee-Roy Kambasha have now called on the Zimbabwe Republic Police (ZRP) in Bindura to immediately enforce the court order alleging that Botha Mine continues to operate inside Phoenix Prince Mine in defiance of the ruling.
In a letter addressed to the Officer Commanding ZRP Bindura District and copied to several parties, Mawonera Attorneys said the High Court had dismissed Botha Mine’s appeal after the company failed to file heads of argument within the prescribed period.
The High Court subsequently ruled that the appeal was deemed abandoned under Rule 59(1) of the Supreme Court Rules, 2025 effectively allowing the judgment of the Bindura Provincial Magistrates Court to stand.
The judgment, issued on 14 April 2026 under Case No. BNPCG74/26, confirmed an earlier provisional order directing Navid Incorporated (Private) Limited and Side Electrical (Private) Limited trading as Botha Mine to remain within their respective registered mining boundaries.
Under the order, Navid Incorporated was instructed to operate within Mining Lease 21 also known as Phoenix Prince Mine while Botha Mine was ordered to confine its activities to claims known as Botha 1 to 4.
The court further directed the Officer Commanding ZRP Bindura District to ensure compliance with the order.
However, Kambasha’s legal representatives allege that the ruling is being ignored.
According to Mawonera Attorneys, about 20 security guards contracted by Botha Mine are currently stationed at a processing plant operated by an individual identified as Marondera within Phoenix Prince Mine.
The lawyers argue that the continued presence of the security personnel amounts to a direct breach of the court order.
They have urged police to remove the guards from the disputed area and ensure that all mining operations remain within the boundaries prescribed by the court.
The law firm also warned that it had advised its client to institute contempt of court proceedings against Botha Mine over the alleged violation.
“We have further advised our client to make a formal report of contempt of court against the 2nd Respondent, Side Electrical (Private) Limited T/A Botha Mine, arising from the current violation of the court order. We anticipate that such report will be lodged in the near future,” the lawyers said.
The dispute centres on competing mining operations in Bindura where tensions over mining boundaries have increasingly resulted in litigation.
The latest developments place additional pressure on law enforcement authorities to implement the court’s directives while the parties await any further legal proceedings.
