Botha Mine accused of 'paper gymnastics' as EMA moves to enforce court order

BINDURA - Botha Mine has been accused of attempting to derail a court‑mandated ground verification exercise through what legal experts have described as a "paper gymnastics" notice of appeal.

The development comes as the Environmental Management Agency (EMA) has formally invited all parties to a site inspection scheduled for 2 April 2026, in compliance with a Bindura Magistrates Court order directing the agency to physically demonstrate the scope of Botha Mine's Environmental Impact Assessment (EIA) certificate.

In a letter dated 1 April 2026, EMA notified Side Electricals (Private) Limited - trading as Botha Mine - Navid Incorporated (Freda Mine's appointed project manager), and the Officer Commanding ZRP Bindura District of the planned verification exercise, which must be conducted in line with Paragraph 3 of the court order under case number BNPCG74/26.

Controversial notice of appeal

On the same day EMA issued its notice, Botha Mine's legal practitioners drafted a notice of appeal that lawyers representing environmentalist Leeroy Kambasha have condemned as "highly irregular and mischievous".

The notice of appeal contains a striking procedural anomaly: although the matter originates from the Bindura Magistrates Court, which falls under the Harare High Court's jurisdiction, the document is addressed to the Registrar of the High Court in Bulawayo.

Legal practitioners wrote to Botha Mine on 1 April, stating:  
"The Harare High Court handles cases from the northern region of Zimbabwe, including Mashonaland Central Province. Filing an appeal in Bulawayo is procedurally incorrect, and we advise that your purported appeal is defective in this regard."

Legal observers say the defective drafting creates a situation where the same appeal could be presented in either Harare or Bulawayo, potentially exploiting confusion at registry level.

Two‑pronged strategy to stall the order  

Sources close to the matter say Botha Mine's legal team employed two tactics aimed at suspending the interim order:

1. A dual‑addressed appeal - drafted in a way that could be filed in either Harare or Bulawayo, which legal experts described as "a spin aimed at hoodwinking unsuspecting registry officials".  
2. Mischaracterising a case management order as a judgment - the appeal purports to challenge a "judgment" dated 31 March 2026, yet the attached document is merely a case management order dismissing an application for discharge as premature and postponing the matter to 10 April 2026 for argument.

Crucially, the interim interdict granted on 27 March 2026 remains in force.

"It is wrong to attach a case management order directing parties to file papers and return to court for hearing on 10 April 2026," the law firm stated. "This is not an appealable order."

By framing the non‑appealable order as a final judgment, Botha Mine appears to be creating the impression that the substantive matter has been concluded, when proceedings remain active.

EMA proceeds with verification  

Despite the last‑minute legal manoeuvres, EMA has confirmed that the site inspection will proceed at 10:00 AM on 2 April 2026, with all parties instructed to assemble at ZRP Bindura District Headquarters.

The court order issued on 27 March 2026 specifically directs EMA to show Botha Mine "the extent that the 2nd respondent's EIA certificate applies", in the presence of Navid Incorporated and the Officer Commanding ZRP Bindura District.

Paragraph 2 of the same order compels Botha Mine and its contractors to immediately stop all mining activities in areas commonly known as Kitsiyatota, Headgear, Morocco, GMB, Gwingwindi and Phoenix Prince Mine until EMA completes the verification.

EMA's Director General has requested confirmation of attendance from all parties by close of business on 1 April 2026.

The law firm representing Kambasha has warned that it holds "strict instructions to seek costs against you on appeal", describing Botha Mine's conduct as "not appropriate".

Ongoing tensions in Bindura mining sector  

The dispute highlights growing tensions over mining operations in the Bindura area, where questions over the scope and validity of environmental impact assessments have become a major point of conflict between mining companies and regulatory authorities.

The matter returns to the Bindura Magistrates Court on 10 April 2026 for argument, while EMA moves ahead with the court‑ordered ground verification.

The intended appeal - which seeks to have the "ex parte application or an interdict dismissed" with costs - currently remains a document without effect.