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Artisanal miner killed at Botha Mine after defying government orders - bereaved association petitions Minister Ncube for justice
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HARARE - The Mberengwa Miners Association (Mbema) has petitioned Midlands Minister of State for Provincial Affairs and Devolution Owen Ncube, demanding urgent intervention and justice following the death of Tinashe Chauke (26), an artisanal miner who died on 23 April 2026 at Botha Gold Mine’s Phoenix Prince operation.
In a strongly worded letter dated 26 April 2026, stamped received by the Office of the President and Cabinet (Midlands Province), Mbema accused Botha Gold Mine, operated by Side Electricals (Pvt) Ltd, of defying two explicit government directives issued before the fatal incident.
"It is against your exemplary conduct that we must now juxtapose the deplorable, arrogant and dangerous conduct of Botha Gold Mine management," the petition reads. "The entertainment of these mining barons has now cost Midlands Province a life. One of our own. A son of the soil."
Two government orders allegedly ignored
According to Mbema:
- On 8 April 2026, Provincial Mining Engineer E.T. Gota issued a Suspension Order under S.I. 109/1990, directing that no operations resume without written authorisation.
- On 22 April 2026, Provincial Mining Director Tendai Kashiri swore under oath that Botha Gold Mine "has never acquired any mining rights within Mining Lease 21."
"Yet Botha Gold Mine defied both orders. They continued operating," Mbema wrote.
The association cited Section 267(1)(b) of S.I. 109/1990, which requires mine management to immediately cease operations and withdraw all personnel if they intend to object to a suspension order.
Police open culpable homicide docket
The Zimbabwe Republic Police has opened a culpable homicide docket under SDD RRB 6389477.
However, Mbema expressed frustration over what it described as law‑enforcement inaction.
"How does a company defy a PMD suspension order and continue operations in broad daylight? How does it operate on a lease it does not own, after the PMD has sworn an affidavit to that effect, and no arrests are made until a young man dies?" the letter asks.
The association also questioned why Zesa power was never disconnected despite the alleged illegal operations.
Five demands to Minister Ncube
Mbema praised Minister Ncube as "a consistent and fearless defender of artisanal miners" and submitted five demands, including:
1. Immediate intervention to ensure ZRP Bindura concludes the culpable homicide investigation without fear or favour.
2. Arrest and prosecution of Botha Gold Mine management for defying the suspension order and operating illegally within ML21.
3. A full provincial investigation into why government orders were ignored and why Zesa did not disconnect power.
4. Protection for artisanal miners at Phoenix Prince and across Mining Lease 21, legally held by Freda Rebecca Gold Mine Ltd.
5. Justice for Tinashe Chauke and accountability for those responsible.
"His family deserves answers, and the artisanal mining community deserves assurance that no other life will be lost to barons who believe they are above Government," the petition states.
Authorities respond
Copies of the petition were also sent to:
- Minister of Mines and Mining Development
- Minister of Home Affairs
- Commissioner‑General of Police
- Provincial Mining Director (Mashonaland Central)
- ZRP Officer Commanding Bindura
- Freda Rebecca Gold Mine Ltd
Commissioner Nyirenda, Officer Commanding Police for Mashonaland Central, said he would seek further details before issuing an official response through the police spokesperson.
Efforts to obtain comment from national police spokesperson Commissioner Paul Nyathi were unsuccessful, as he indicated he was in a meeting.
Police at Bindura Provincial General Headquarters confirmed receiving the Mbema petition.
In a strongly worded letter dated 26 April 2026, stamped received by the Office of the President and Cabinet (Midlands Province), Mbema accused Botha Gold Mine, operated by Side Electricals (Pvt) Ltd, of defying two explicit government directives issued before the fatal incident.
"It is against your exemplary conduct that we must now juxtapose the deplorable, arrogant and dangerous conduct of Botha Gold Mine management," the petition reads. "The entertainment of these mining barons has now cost Midlands Province a life. One of our own. A son of the soil."
Two government orders allegedly ignored
According to Mbema:
- On 8 April 2026, Provincial Mining Engineer E.T. Gota issued a Suspension Order under S.I. 109/1990, directing that no operations resume without written authorisation.
- On 22 April 2026, Provincial Mining Director Tendai Kashiri swore under oath that Botha Gold Mine "has never acquired any mining rights within Mining Lease 21."
"Yet Botha Gold Mine defied both orders. They continued operating," Mbema wrote.
The association cited Section 267(1)(b) of S.I. 109/1990, which requires mine management to immediately cease operations and withdraw all personnel if they intend to object to a suspension order.
Police open culpable homicide docket
The Zimbabwe Republic Police has opened a culpable homicide docket under SDD RRB 6389477.
However, Mbema expressed frustration over what it described as law‑enforcement inaction.
"How does a company defy a PMD suspension order and continue operations in broad daylight? How does it operate on a lease it does not own, after the PMD has sworn an affidavit to that effect, and no arrests are made until a young man dies?" the letter asks.
Five demands to Minister Ncube
Mbema praised Minister Ncube as "a consistent and fearless defender of artisanal miners" and submitted five demands, including:
1. Immediate intervention to ensure ZRP Bindura concludes the culpable homicide investigation without fear or favour.
2. Arrest and prosecution of Botha Gold Mine management for defying the suspension order and operating illegally within ML21.
3. A full provincial investigation into why government orders were ignored and why Zesa did not disconnect power.
4. Protection for artisanal miners at Phoenix Prince and across Mining Lease 21, legally held by Freda Rebecca Gold Mine Ltd.
5. Justice for Tinashe Chauke and accountability for those responsible.
"His family deserves answers, and the artisanal mining community deserves assurance that no other life will be lost to barons who believe they are above Government," the petition states.
Authorities respond
Copies of the petition were also sent to:
- Minister of Mines and Mining Development
- Minister of Home Affairs
- Commissioner‑General of Police
- Provincial Mining Director (Mashonaland Central)
- ZRP Officer Commanding Bindura
- Freda Rebecca Gold Mine Ltd
Commissioner Nyirenda, Officer Commanding Police for Mashonaland Central, said he would seek further details before issuing an official response through the police spokesperson.
Efforts to obtain comment from national police spokesperson Commissioner Paul Nyathi were unsuccessful, as he indicated he was in a meeting.
Police at Bindura Provincial General Headquarters confirmed receiving the Mbema petition.
Source - Byo24News
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