POLICE actions at Freda Rebecca Gold Mine have been vindicated after Side Electrical (Private) Limited, trading as Botha Gold Mine, formally withdrew its urgent High Court application that sought to stop law-enforcement operations.
The matter was heard before Justice Ndlovu on 10 February 2026, where Botha formally withdrew what the court noted as a non-meritorious application and tendered costs, effectively conceding that there was no lawful basis to interdict the police or FRGM.
The dispute dates back to early December 2025, when FRGM, the holder of Mining Lease 21 registered under Diagram SG1845/1994, reported an invasion by illegal miners in several sections of its concession, namely Gwirigwindi, Headgear, Morocco and the GMB area. Following the reported incursions, FRGM lodged a criminal complaint on 26 January 2026 and subsequently applied for an injunction against the illegal miners.
In response, Botha Gold Mine filed an urgent chamber application on 28 January, seeking to interdict the police from conducting raids in the affected areas and to stop FRGM from installing mining infrastructure pending the determination of the injunction application.
However, FRGM opposed the application, arguing that Botha’s claims were based on non-existent occurrences, speculation and hearsay. In its opposing affidavit, FRGM clarified that the police were lawfully providing escort services to its survey and fencing teams, as required under the Mines and Minerals Act, and were not carrying out any unlawful raids as alleged.
“The police escort was meant to prevent disorder and unrest, given that the area is heavily infested with illegal miners,” FRGM stated in the affidavit.
FRGM further accused Botha of material non-disclosure, noting that Botha had failed to inform the court that a previous urgent application (HCH50/26) had already been struck off the roll on 26 January 2026. That earlier application had sought to interdict the police from executing a search warrant but was dismissed on the basis that a court cannot interdict a valid warrant unless it has first been set aside by a competent court.
With the injunction application now withdrawn and regularisation agreements reportedly having been entered into with former illegal miners, FRGM argued that Botha’s latest court challenge had become moot and academic.
- Interview: Freda Rebecca bullish as investments pay off
- EditorialComment: Why Vision 2030 will flop
- Court reinstates gold mine shareholder’s rights
- Kuvimba launches sustainability campaign
Keep Reading
“In the absence of any pending matter, the basis for an interim order falls away,” FRGM legal representative Timbe submitted.
