Freda Rebecca takes on alleged Kitsiyatota mine baron

Freda Rebecca Gold Mine has launched an aggressive legal offensive against alleged illegal gold baronage, dragging Side Electrical (Private) Limited, trading as Botha Mine, before the Harare High Court for unlawfully operating within its Kitsiyatota mining lease.

In an urgent chamber application filed under case number HCH 456/26, Freda Rebecca accuses Botha of illegally encroaching into Mining Lease 21, falsely claiming ownership of a mine that does not exist, and misleading workers and members of the public into participating in unlawful gold extraction for profit.

According to court papers, Botha, operating under the guise of Side Electrical (Pvt) Ltd, has been brazenly mining gold without any valid mining title, effectively running a shadow operation inside Freda Rebecca's legally registered mining area. The gold producer alleges that the conduct amounts to deliberate mine baronage driven by deception and greed.

Freda Rebecca, together with co-applicant Possum Tendayi Mapuranga, is seeking an interim interdict barring Botha from entering, occupying, mining, or removing any mineral-bearing material from the Kitsiyatota lease. The applicants are also asking the court to authorise the eviction of Botha, along with its mining equipment, from the disputed area.

Freda Rebecca managing director Patrick Maseva-Shayawabaya has previously warned that mining without authority is a criminal offence under sections 368(1) and 368(4) of the Mines and Minerals Act, stressing that the company will not tolerate illegal mining activities on its property.

The legal action follows a criminal complaint lodged with the police under reference RRB 63892257, after Freda discovered unauthorised mining activities allegedly linked to Botha in several hotspots within its lease area, including Gwiringwindi, Headgear, Morocco, and the GMB zone.

Prior to approaching the courts, Freda Rebecca issued a public notice on January 28 and 29, giving illegal operators an opportunity to regularise their activities by producing identification documents, mining maps, GPS coordinates, or lawful agreements. The mine says Botha ignored the warning, leaving it with no option but to escalate the matter.

Freda Rebecca argues that the alleged illegal mining has resulted in significant financial prejudice, environmental degradation, and serious safety risks. The company is seeking costs on a legal practitioner-and-client scale, citing what it describes as wilful and calculated defiance of the law by Botha.

The High Court is expected to determine the urgent application in the coming days.