Bindura– Nine employees of Botha Gold Mine were granted US$100 bail each on Monday after a Bindura magistrate ruled that the State had failed to present compelling reasons to justify their continued detention.

The case, which has exposed tensions between a commercial dispute and the criminal justice system, saw the nine workers spend the weekend behind bars after they appeared in court for the first time on Saturday. They were however remanded to Monday for bail hearing.

The nine – Zvikomborero Tandi, Shingirayi Muriro, Panashe Bodzo, Dadirai Masike, Brian Mazikanwa, Mupararano Kambundo, Nokuthula Ndlela, Tapiwanashe Muriro and Wesley Muchado – were released by Bindura Provincial Magistrate , Winfilda Tiyatara who dismissed the State’s opposition to bail, saying the allegations against them were not so serious as to warrant denial of freedom pending trial.

A tenth individual who was arrested alongside the group had been granted bail on Saturday.

The accused mine workers are facing public violence charges following an incident last week when they allegedly attempted to stop a driver employed by Freda Rebecca Gold Mine from entering their premises with a front-end loader vehicle.

In granting bail, Magistrate Tiyatara said the nine must report to the Criminal Investigations Department (CID) Law and Order section every fortnight between 6am and 6pm, reside at their given addresses, and refrain from interfering with State witnesses.

In an unusual directive, the magistrate also ordered the accused not to “go to areas that you do not understand,” in what appeared to be a reference to the contested ownership of the mining claims at the centre of the dispute.

“The State reasons for opposing bail were primarily that it was a serious offence and a severe punishment has been imposed,” Magistrate Tiyatara said in her ruling. “However, the seriousness of the offence may not be ground for opposing bail.

The accused are of fixed abode. The case is not of serious nature (though subject to be tested) through trial. I am of the opinion that they deserve bail.”

The court granted bail at US$100 each, significantly lower than the US$400 proposed by the State.

During bail proceedings, the prosecution’s case appeared to unravel when it emerged that the arresting officer was not present in court. The investigating officer, Fungai George Gondo who appeared had only been handed the case by another officer who was not identified.

The defence team, led by Zvidzai Kajokoto and Stephen Chikotora capitalised on this weakness, questioning the investigating officer on fundamental aspects of the case.
When asked which “public” was involved in the alleged public violence, given that the complainant, Admire Yusuf, the Freda Rebecca driver, had allegedly trespassed onto private property, the investigating officer conceded it was a “tough question,” though he maintained that in his opinion the manner in which the employees engaged with the driver constituted public violence.

In a moment that exposed tensions in the State’s case, defence counsel asked why police had not arrested Yusuf for trespassing onto private property but instead arrested Botha Gold Mine employees. The investigating officer smiled and said he had no comment prompting the defence team to probe further asking him if it was fair that he be arrested instead of an intruder who visits his home. He smiled again and added he had no comment

There was laughter in the courtroom when the prosecutor, Carson Kundiona responding to the magistrate’s question about where the complainant was coming from and where he went when the alleged crime occurred, indicated he had gone to Botha Gold Mine premises.

The arrests, which occurred on February 12, followed a week of escalating tensions at the mine which saw the arrest of 8 Botha Mine workers.

In a bizarre turn of events, two additional individuals who went to the police station to inquire about their arrested colleagues were also taken into custody, temporarily bringing the total number of accused to ten before Saturday’s bail release.

The arrests have drawn sharp criticism from observers who allege that law enforcement is being drawn into what is fundamentally a civil and commercial dispute. Concerns have been raised that the arrests, particularly of security personnel, may be systematically weakening on-site security at the mine, potentially creating conditions for forced entry or illegal occupation.

The underlying dispute dates back to February 8, when the High Court struck off the roll an Urgent Chamber Application filed by Freda Rebecca Gold Mine against Side Electrical (Pvt) Ltd T/A Botha Gold Mine. The court found that Freda Rebecca had failed to establish urgency in its attempt to interdict Botha’s mining operations over alleged encroachment claims.

Botha Gold Mine management has maintained that it remains a lawfully operating entity, duly registered and compliant with regulatory requirements.

The nine accused are expected to return to court on March 2, 2026, for a routine remand hearing.