Freda Rebecca, Botha Mine clash over lease 21

Source: Freda Rebecca, Botha Mine clash over lease 21 – herald

Fidelis Munyoro-Chief Court Reporter

The goldfields of Bindura have become the stage for a contentious legal battle.

Freda Rebecca Gold Mine, one of the country’s major gold producers, accuses Botha Mine of encroaching on its Mining Lease 21, sparking a dispute now involving the courts, the Ministry of Mines and Mining Development, and the police.

Central to the dispute is a claim of fraud.

Freda Rebecca alleges that Botha Mine submitted false coordinates to carve out approximately 100 hectares of its legally held lease.

“This is not a boundary dispute. It is an act of unlawful occupation and an attempt to fraudulently ‘cut and paste’ their claim onto our ground,” Freda Rebecca stated in court documents.

The mine asserts an unbroken chain of ownership to the lease dating back to its acquisition from Ashanti Mines. It emphasises that all statutory payments — including rentals and fees — have been consistently accepted by the Ministry of Mines since 1994.

The allegations are supported by findings from a police‑led Warrant of Search and Seizure. Officers from the Zimbabwe Republic Police and Ministry of Mines officials visited the disputed site and confirmed that Botha Mine was operating within Freda Rebecca’s lease area.

Freda Rebecca argues that these findings are “irrefutable” and has called for immediate action, including deploying surveyors to clearly mark the boundaries of Mining Lease 21.

Botha Mine disputes the allegations, insisting that Freda Rebecca does not hold valid title to the land. In its court submissions, Botha Mine argues that the area had previously been abandoned and that it is operating under a signed agreement with former Freda Rebecca employees granting it access to Mining Lease 21.

Botha also claims to have obtained a recent court order allowing continued operations on the contested land.

Navid Incorporated — the project management company for the Phoenix Prince area within Mining Lease 21 — counters Botha Mine’s assertions, stating it has never operated within Botha’s territory and is focused solely on activities within the legally defined boundaries of Mining Lease 21.

Botha Mine maintains that it turned to the courts not to escalate conflict, but to protect its legal rights.

“We welcome the clarity provided by the High Court and remain committed to operating peacefully, transparently and within the confines of the country’s law.”

Freda Rebecca rejects this narrative, accusing Botha Mine of using legal processes to mask unlawful conduct.

“A spoliation order cannot stand against a survey,” the mine argues, adding that such orders cannot supersede established ownership.

The mine asserts that once the Provincial Mining Director confirms the true boundaries of the lease, Botha Mine’s legal arguments will collapse.

The dispute has now extended beyond court filings. Freda Rebecca accuses Botha Mine of spreading misinformation to miners, regulators and the media, alleging that its rival falsely claims the company is corruptly seizing territory.

“This is a baseless, defamatory falsehood meant to tarnish the reputation of a compliant and long‑standing contributor to Zimbabwe’s mining sector,” the company stated.

Freda Rebecca also blames the Ministry of Mines for failing to enforce its statutory duties. Despite the findings of the Warrant of Search and Seizure, the mine claims the ministry has not carried out the necessary inspections to resolve the matter.

This inaction, Freda Rebecca argues, has created a chaotic situation that miners on the ground say could be resolved through clear and decisive action by the Provincial Mining Director (PMD).

Observers suggest that a mandamus application could compel the PMD to act and confirm the exclusive rights to Mining Lease 21.

The regulatory vacuum has left miners in a precarious position. Unclear boundaries have created uncertainty over whom to pay, with Freda Rebecca accusing Botha Mine of exploiting the situation to extract resources without oversight.

Navid Incorporated has warned that criminal charges may be brought against Botha Mine, alleging “theft of mineral resources” and “criminal trespass.”