Bindura – The death of a 26-year-old artisanal miner at Phoenix Prince Mine has escalated into a high-stakes criminal investigation, with growing pressure on police to pursue culpable homicide charges against senior officials linked to Botha Gold Mine.
Tinashe Chauke died on 23 April 2026 after suffocating in a shaft that investigators say was operating in defiance of binding government safety orders.
His death is recorded under Sudden Death Docket SDD RRB 6389477, but legal experts argue the circumstances suggest criminal negligence rather than a routine accident.
The fatality occurred at Phoenix Prince Mine, within Mining Lease 21, a concession held by Freda Rebecca Gold Mine, which is associated with Mutapa Investment structures.
The shaft where Chauke died is alleged to have been owned or controlled by Evelyn Mhlanga, in-house legal counsel for Side Electricals Private Limited, trading as Botha Gold Mine.
Company records show that the following individuals were directors at the time of Chauke’s death: Hlongwani Temba Kingsley, Marime Stanely, Mujuru Victor, Makoni Takundwa Allen, Gatsi Edson, Manyau Augustin, Nyenza Simbarashe D, Hove Nomsa Patience, Matsika Farai, Mapika Kudzanai, and Ashley Zulu. Court filings identify Zvidzai Rukudzo Kajokoto as Company Secretary, placing the company’s leadership squarely at the centre of the unfolding investigation.
At issue is whether these senior officials allowed mining operations to continue despite clear warnings that the site posed a danger to human life.
On 8 April 2026, Provincial Mining Engineer E.T. Gota issued a full suspension order under the Mining (Management and Safety) Regulations, citing “immediate and unacceptable risks to life, health and safety,” including a breakdown of safety systems and a hazardous working environment.
The directive explicitly stated that no operations should resume without written authorisation.
The order, received on 9 April, was copied to key authorities including the Zimbabwe Republic Police (ZRP).
In a separate action, the Environmental Management Agency (EMA) also ordered a halt to operations after determining that mining was being conducted without a valid Environmental Impact Assessment (EIA) certificate, in breach of environmental law.
Despite these binding directives, investigations indicate that mining activities continued at the site.
In a sworn affidavit dated 22 April 2026, Provincial Mining Director Tendai Kashiri stated that Botha Gold Mine had no mining rights within Mining Lease 21, where the fatal incident occurred.
This has raised serious questions about the legality of operations even before the safety violations.
Under Section 277 of the Criminal Law (Codification and Reform) Act, directors can be held personally liable if an offence occurs with their knowledge, consent, or through negligence.
Legal experts say the case may meet the threshold for culpable homicide under Section 49, which applies where death results from negligent conduct.
“The risk to life was clearly documented in the suspension order. If operations continued regardless, that points to a serious breach of duty,” said a Harare-based lawyer.
Investigators are also examining reports that artisanal miners were encouraged to continue working despite the ban — a factor that could strengthen the case for corporate criminal liability.
Legal Profession Under the Spotlight
The involvement of a legal practitioner has triggered concern within professional circles.
The Law Society of Zimbabwe stipulates that conduct undermining public confidence in the legal profession may amount to misconduct.
“One expects officers of the court to uphold, not undermine, statutory orders,” said a senior lawyer who declined to be named.
“If a lawyer is linked to defiance of binding safety directives and a death results, questions arise about fitness to practise.”
Corporate criminal Liability
Botha Gold Mine issued communications encouraging artisanal miners to continue operations despite government directives.
Thus, strengthening the case for corporate criminal liability under Section 277.
Legal experts say the threshold for culpable homicide under Section 49 hinges on Chauke’s death which resulted from a negligent failure to observe a clear legal duty—in this case, the 8 April order prohibiting operations without written authorization.
Contacted for a comment, Mhlanga said: “Im sorry I can’t answer your questions, I have to seek legal advice first before speaking to the press.”
Meanwhile, Mashonaland Central police spokesperson Chigwenese said: Im not working today i will update you on the matter once im back at work.”
