Zvidzai Rukudzo Kajokoto, the losing CCC candidate for Bindura North in the 2023 elections, has been placed at the centre of a widening governance scandal after two High Court judgments identified him as company secretary of Side Electricals (Private) Limited t/a Botha Gold Mine.
The company is now accused of illegally mining on State-owned ground and undermining a government flagship artisanal empowerment programme at Phoenix Prince Mine.
The High Court in Harare recently ruled that Botha Mine’s opposing affidavit in a spoliation case was “null and void” because it was authorised by individuals who are not directors of the company.
Justice Chikowero explicitly referenced an earlier judgment delivered by Justice Msithu on 7 October 2025 which lists the respondent’s legitimate directors.
The court then recorded that Zvidzai Rukudzo Kajokoto is the company’s lawful company secretary.
The ruling means that for some time, legal representation and board resolutions at Botha Mine were potentially invalid.
This raises urgent questions about what legal advice Kajokoto provided during that period and whether his role as chief legal and compliance advisor to the mine failed to prevent a cascade of regulatory breaches.
At the heart of the controversy is the government’s artisanal mining model at Phoenix Prince Mine, which was designed to formalise small-scale miners and empower local communities in line with Vision 2030.
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The model has been hailed as a template for artisanal miner integration into the formal economy.
However, documents before the court and regulatory authorities show that Botha Mine’s operations have directly undermined that programme.
According to a sworn affidavit dated 22 April 2026 by Provincial Mining Director Tendai Kashiri, Botha Mine “has never acquired any mining rights within Mining Lease 21”.
Mining Lease 21 is the 1,585-hectare title held by Mutapa-owned Freda Rebecca Gold Mine.
Despite lacking rights, Botha Mine proceeded to operate in the area, creating “tension with Mutapa-owned Freda Rebecca Gold Mine, the ML21 holder”, court records show.
New estimates value gold allegedly taken from State ground at US$40 million, with approximately 271 kilograms of gold reportedly extracted without lawful authority.
The Environmental Management Agency issued a cessation order on 7 April 2026, finding that operations at Botha Mine were being conducted “outside the coordinates of the approved mining plan” submitted to the agency.
The facility was operating 90 VAT leach tanks and six boilers without a valid Environmental Impact Assessment certificate, according to EMA inspectors.
On 8 April 2026, the Provincial Engineer, who is also a Mining Inspector, issued a suspension order halting all mining and related activities at both Botha Mine and adjoining areas under Freda Rebecca’s Lease 21, citing “grave threats to life, health, and safety”.
Under the Companies and Other Business Entities Act, a company secretary is an officer of the company with statutory duties including ensuring compliance with the law, advising the board on governance and regulatory obligations, maintaining company records, and ensuring board decisions are lawfully implemented.
Kajokoto, described in court records as a popular lawyer in Bindura, held that position during the entire period when Botha Mine operated without rights on State ground, breached EIA regulations, and presented invalid board resolutions to the High Court.
Political analysts have raised questions about whether poor legal and compliance advice to Botha Mine, resulting in operations on a State-owned resource without rights, amounts to undermining Mutapa Gold Resources and State institutions.
Sources allege this could be viewed as “cold sabotage”, though no evidence of motive has been provided.
Documents reveal that authorities were alerted to irregular mining activities more than a year ago.
A Bindura-based organisation, Zimbabwe Empowered Youths United In Major Economic Sectors Acceleration, wrote to the Provincial Mining Director on 27 February 2025 warning of irregular mining on ML21.
That letter, stamped as received by both the Ministry of Mines and the Zimbabwe Republic Police, alleged that small-scale miners were being fraudulently charged US$20,000 each as “lease fees” to operate on State-owned ground.
Despite this early warning, decisive enforcement action only materialised in April 2026.
Kajokoto has not publicly responded to requests for comment.
Neither the Ministry of Mines nor Mutapa Investment Fund has commented on whether they intend to pursue recovery of the alleged US$40 million in gold value or whether legal action will be taken against the company secretary for compliance failures.
The High Court has already found that Botha Mine’s previous legal opposition was a nullity.
With the spoliation order granted, the company is now compelled to restore possession of mining claims to the applicants who were illicitly dispossessed.
The broader question of how a company operating without valid mining rights on State-owned ground, with invalid board resolutions and potentially compromised legal advice, was able to operate for an extended period now centres squarely on Kajokoto.
