Online Reporter
Court Reporter
BOTHA Gold Mine and Freda Rebecca Gold Mine remain locked in a dispute over Mining Lease 21, with each side presenting opposing narratives regarding the lease’s status and ownership.
Botha Gold Mine argues that the dispute extends beyond encroachment, involving unresolved legal and historical complexities that require regulatory and judicial clarity.
“This is not just about encroachment. The status of Mining Lease 21 and its historical abandonment are central issues that require legal clarity,” said Botha management.
According to the mine, the lease was abandoned in 2001. Under Zimbabwe’s Mines and Minerals Act, abandoned leases are recorded as cancelled, invalidating any further claims by the original holder.
Botha contends that Freda Rebecca has omitted this fact, thereby creating a misleading narrative.
The High Court has already intervened, issuing a spoliation order on February 12 to Botha Gold Mine. This followed claims that individuals, accompanied by police officers, had entered the area and fenced off operations.
Botha Gold Mine also disputes the relevance of survey diagrams pre-dating the lease’s alleged abandonment, stating these cannot define current legal boundaries.
The mine further highlights that no records link Freda Rebecca to the abandoned lease. Botha alleges that arrests and disruptions have escalated tensions.
It emphasises its historical role in supporting livelihoods in Bindura and Mashonaland Central Province and remains confident that the courts will carefully review the matter.
“We are confident that the courts and relevant authorities will carefully consider the facts,” the company added.
Freda Rebecca Gold Mine, now part of the Mutapa Investment Fund following the Government’s transfer of its 65 percent stake in Kuvimba Mining House, counters these claims, accusing Botha of illegal encroachment, misrepresentation and outright fraud.
Phoenix Prince Project Management, representing Freda Rebecca, insists that Mining Lease 21 is valid, registered and fully paid up, and has produced the relevant lease paperwork and diagrams to that effect.
“There is no record of any application or cancellation at the Ministry of Mines. There was only a Gazetting which was never processed,” by right cancellation of Mining Leases go through the Mining Board and the process is documented and recorded the company stated, refuting Botha’s claim of abandonment.
Botha could not provide the newspaper with the processed cancellation documents for the lease. It has been argued that it is operating under a signed agreement with former Freda Rebecca employees, granting it access to Mining Lease 21. However, according to documentary evidence, Mining Lease 21 belongs to Freda Rebecca Gold Mine.
Freda Rebecca maintains that it has continuously held title to the lease since 1994, with documented lease ownership and registration, and ongoing payment of annual fees for the entire area of Mining Lease 21 for the past nineteen years.
“These payments are public record at the Ministry of Mines, confirming the lease’s validity,” Phoenix Prince added.
Freda Rebecca also challenges Botha’s reliance on the spoliation order, stating that while it restored possession, the areas cited are not part of Mining Lease 21.
Furthermore, the names used in the order are not official claim areas, but nicknames created by miners; they do not appear on survey maps, nor were coordinates for the area in question provided. The company also notes that the order did not address legal ownership.
“Spoliation orders address possession, not ownership. The core issue of lawful title remains unresolved,” the company explained.
It further denies Botha’s claims of peaceful mining operations over the years, citing disputes supported by numerous letters sent to the Provincial Mining Director requesting intervention and a 2018 notice of cancellation issued to Botha.
Freda Rebecca argues that investments made by Botha in the disputed area do not legitimise their claim.
“A trespasser cannot acquire rights simply by investing in stolen property,” it stated.
The company and the police have called for the Provincial Mining Director to inspect the site and verify official boundaries, expressing confidence that this will confirm Botha’s encroachment. All survey diagrams are aligned with the claim area and coordinates.
