Harare – In a decisive legal blow against unlawful occupation in the mining sector, the High Court has ordered Freda Rebecca Gold Mine to immediately restore possession of the Botha Gold Mine operations to its lawful owners and to remove all fencing erected in the disputed area.

Handing down an urgent spoliation order under Case No. HCH653/26 on Monday, Justice Gobson Mandaza ruled in favour of Side Electrical (Private) Limited, trading as Botha Gold Mine, finding that the mining concern had been unlawfully dispossessed of its territory.

The court specifically ordered the first respondent, Freda Rebecca Gold Mine Limited, along with members of the third respondent, to restore full possession and occupation of the mine. They must also remove fencing erected within the operational zone and cease all interference with mining activities in the areas known as Gwirigwindini, Headgear, Morocco, and GMB.

The respondents were further ordered to pay costs on an attorney-client scale, jointly and severally.

The granting of a spoliation order is a remedy designed to restore the status quo ante prior to an unlawful deprivation of property, without delving into the merits of the underlying ownership dispute. The court’s ruling confirms that Botha Gold Mine was dispossessed through unlawful self-help, a principle the judiciary has repeatedly warned against.

Consistent Judicial Stance

This ruling marks the second legal setback for those interfering with Botha Gold Mine’s operations in recent weeks. It follows a prior High Court decision (HH 195-26 / HCH 518/26) regarding interference in the Blue Tents mining area near Bindura, which borders Botha Gold Mine. In that matter, the court conducted a site visit and similarly found that dispossession had occurred without due process.

In that case, the court ordered restoration of possession and interdicted further interference, authorising the Sheriff to enforce compliance if necessary.

“Taken together, these rulings underscore a consistent judicial position: disputes must be resolved through lawful process, not unilateral action,” read a statement from Botha Gold Mine following the latest judgment.

Background of the Dispute

The legal battle comes against a backdrop of reported destabilisation at the mine site. According to court papers, the unlawful interference included attempts to erect fencing within Botha’s operational zone, disruption of mining activities, and the circulation of public notices discouraging engagement with Botha Gold Mine.

‘A Victory for the Rule of Law’

Speaking after the judgment, a representative for Botha Gold Mine welcomed the court’s clarity, framing the ruling as a broader affirmation of legal order within Zimbabwe’s mining industry.

“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,” the representative said. “We approached the Court not for confrontation, but for lawful protection of our rights.”

The mine stated that it remains fully operational and called upon all stakeholders to respect the authority of the High Court, warning that continued non-compliance with the orders could expose responsible parties to further legal consequences.