Zimbabwe: High Court Strikes Off Urgent Application in Botha Gold Mine Dispute

30 January 2026

The High Court has struck off the roll the latest urgent application brought against Side Electrical (Pvt) Ltd trading as Botha Gold Mine by its disgruntled former General Manager Angela Mpofu-Chisvo, her company Mcpern Enterprises (Pvt) Ltd and her sister Lindiwe Mpofu's company Laird Investments P/L marking another setback in a prolonged legal saga involving a group of former contractors and associates.

The dismissed application (HCH186/26) forms part of a series of court actions initiated after the collapse of contractual relationships at Botha Gold Mine in Kitsiyatota, Bindura.

Court papers show that the disputes arose following internal investigations into alleged misconduct, including theft and incitement, which led to the termination of mining arrangements.

Repeated Attempts, Same Dispute

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Despite earlier rulings clarifying the parties' rights, the applicants have continued to file urgent applications seeking interdicts, joinder and contempt relief, often grounded in the same factual circumstances already ventilated before the courts.

In prior proceedings under 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 only through contractual permission, not ownership.

The latest matter failed to clear procedural hurdles and was removed from the roll, reinforcing judicial reluctance to entertain repetitive litigation framed as urgency.

Court Signals Limits on Litigation Abuse

Legal analysts note that the decision reflects the court's growing intolerance for attempts to re-litigate settled issues or to use urgent applications as a pressure tactic. The record further reflects earlier concerns over irregular authority and defective representation within the applicants' filings, which weakened their cases before the court.

Botha Gold Mine's Position Unchanged

With the matter struck off, Botha Gold Mine's legal standing remains intact. The respondent retains lawful title to the mining claims and continues operations in line with court orders and statutory obligations.

As the dispute continues to surface in different legal forms, the latest ruling sends a clear message: the courts will not be used to advance reputational attacks or to undo contractual consequences through procedural manoeuvring.

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