Online Reporter
Fidelis Munyoro-Chief Court Reporter
Side Electrical (Pvt) Ltd t/a Botha Gold Mine has lost its urgent application before the High Court after Justice Regis Deme struck the matter off the roll, ruling that the application was fundamentally defective and improperly before the court.
The mining company had sought to interdict law enforcement authorities from executing a search and seizure warrant issued by the Bindura Magistrates’ Court on December 18, last year. The warrant was requested by Detective Assistant Inspector Lisita and authorised by the provincial magistrate, cited as the fourth respondent.
The applicant, Botha Gold Mine, also sought to prevent the use or dissemination of any materials obtained under the warrant, claiming procedural irregularities in its issuance.
Justice Deme, however, rejected the arguments advanced by the applicant’s counsel, Advocate Maunze, finding that the application lacked a proper legal foundation.
“There is overwhelming evidence that the present application is an application for interdict,” the judge observed, dismissing Botha Gold Mine’s attempt to reframe the matter as a stay of execution.
The judge emphasised that an application for an interdict and a stay of execution are distinct remedies under the law and cannot be conflated. “If the two applications are similar, then the phrases ‘application for interdict’ and ‘application for stay of execution’ ought to be interchangeably used whenever one of the two applications is before the court,” Justice Deme stated.
The court further noted that Botha Gold Mine’s claim that the warrant was unlawfully issued remained unsubstantiated in the absence of a court order invalidating it.
“The warrant which was issued by the fourth respondent is presumed to be valid until set aside through a lawful process,” the judge ruled.
Attempting to interdict the execution of a valid warrant, Justice Deme explained, was akin to seeking to block the enforcement of a court judgment without first setting it aside.
The judge also criticised the applicant for failing to meet the essential requirements of the relief sought.
“The application stands or falls on the averments made in the founding affidavit,” Justice Deme said, citing precedent, before concluding that the applicant had approached the court with a defective cause of action.
The interim relief granted at the initial hearing of the matter was declared nullified by operation of law. The court ordered Side Electrical to pay costs on an ordinary scale.
Freda Rebecca Gold Mine Limited (FRGM) and Botha Gold Mine have since issued statements addressing the interpretation of a recent court ruling and their respective stances on Lease 21 (ML.20), as miners and operators grapple with clarity on the future of their operations.
Freda Rebecca managing director Mr Patrick Maseva-Shayawabaya expressed gratitude to miners and operators at the Phoenix Prince (Kitsiyatota) site who have begun the process of formalising their activities on ML.21 by registering with the company.
“We thank all miners and operators who have responded positively to our call to regularise their operations. This is a crucial step forward,” said Mr Maseva-Shayawabaya in a statement last Friday.
He announced that all future interactions with miners and operators would be handled by Freda Rebecca’s designated project manager, Mrs Angela Chisvo-Mpofu.
“She will be reaching out to miners and operators to verify operations and to negotiate contracts with FRGM,” he stated, while emphasising that miners should continue their activities in the meantime.
Mr Maseva-Shayawabaya added that all remittances, including percentages at the tanks, must be made only to Freda Rebecca, through Mrs Chisvo-Mpofu or as she directs. No payments should be made to any other person, he said.
He also reminded miners to always use personal protective equipment (PPE) and follow safe mining practices.
Meanwhile, Botha Gold Mine also issued a statement last Friday assuring contractors that their operations remain lawful and unaffected, despite what they referred to as an “ongoing purported dispute” with FRGM over certain areas of the mine.
“We want to reassure all contractors that operations at Botha Gold Mine are secure and fully under control,” reads the statement from the board.
“We are actively addressing the matter through the appropriate legal and regulatory channels and remain confident in the strength of our position.”
