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High Court strikes off latest urgent application in Botha Gold Mine dispute
2 hrs ago |
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The High Court has struck off the roll the latest urgent application filed against Side Electrical (Pvt) Ltd, trading as Botha Gold Mine, by its former general manager Angela Mpofu‑Chisvo, her company Mcpern Enterprises (Pvt) Ltd, and her sister Lindiwe Mpofu's company Laird Investments (Pvt) Ltd. The ruling marks yet another setback in a long‑running legal battle involving former contractors and associates of the Bindura‑based mine.
The dismissed application, filed under case number HCH186/26, is one of several attempts made following the collapse of contractual arrangements at Botha Gold Mine in Kitsiyatota, Bindura. According to court papers, the disputes stem from internal investigations into alleged misconduct, including theft and incitement, which resulted in the termination of mining agreements.
Repeated attempts, same dispute
Despite earlier rulings clarifying the rights and obligations of the parties, the applicants have continued to lodge urgent applications seeking interdicts, joinder and contempt orders - often based on the same facts already dealt with by the courts.
In a previous matter, HCH 5835/25, the High Court confirmed that Side Electrical (Pvt) Ltd is the registered and lawful holder of the mining claims, with contractors operating solely through contractual permission rather than ownership.
The latest application failed to meet procedural requirements and was removed from the roll, signalling the court's reluctance to entertain repetitive litigation presented as urgent.
Court signals limits on litigation abuse
Legal analysts say the ruling reflects the judiciary's growing intolerance for attempts to re‑litigate settled issues or to use urgent applications as a pressure tactic. The court record also highlights earlier concerns regarding irregular authority and defective representation in the applicants' filings, which further weakened their position.
Botha Gold Mine's position unchanged
With the matter struck off, Botha Gold Mine's legal standing remains unaffected. The company retains lawful title to the mining claims and continues operations in accordance with court orders and statutory requirements.
As the dispute continues to resurface in various legal forms, the latest ruling underscores a clear judicial message: the courts will not be used to mount reputational attacks or reverse contractual consequences through procedural manoeuvring.
The dismissed application, filed under case number HCH186/26, is one of several attempts made following the collapse of contractual arrangements at Botha Gold Mine in Kitsiyatota, Bindura. According to court papers, the disputes stem from internal investigations into alleged misconduct, including theft and incitement, which resulted in the termination of mining agreements.
Repeated attempts, same dispute
Despite earlier rulings clarifying the rights and obligations of the parties, the applicants have continued to lodge urgent applications seeking interdicts, joinder and contempt orders - often based on the same facts already dealt with by the courts.
In a previous matter, HCH 5835/25, the High Court confirmed that Side Electrical (Pvt) Ltd is the registered and lawful holder of the mining claims, with contractors operating solely through contractual permission rather than ownership.
The latest application failed to meet procedural requirements and was removed from the roll, signalling the court's reluctance to entertain repetitive litigation presented as urgent.
Court signals limits on litigation abuse
Legal analysts say the ruling reflects the judiciary's growing intolerance for attempts to re‑litigate settled issues or to use urgent applications as a pressure tactic. The court record also highlights earlier concerns regarding irregular authority and defective representation in the applicants' filings, which further weakened their position.
Botha Gold Mine's position unchanged
With the matter struck off, Botha Gold Mine's legal standing remains unaffected. The company retains lawful title to the mining claims and continues operations in accordance with court orders and statutory requirements.
As the dispute continues to resurface in various legal forms, the latest ruling underscores a clear judicial message: the courts will not be used to mount reputational attacks or reverse contractual consequences through procedural manoeuvring.
Source - Byo24News
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