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Former Botha manager distances himself from controversial special grants documents

Court papers seen by NewsHawks show that Botha Mine initially claimed ownership of mining claims known as Botha Mine 1 to 4 under Certificates of Registration 46035 to 46038, covering approximately 31 hectares.

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By Staff Reporter

A fresh twist has emerged in the escalating dispute involving Botha Gold Mine after the mine’s former manager distanced himself from controversial Special Grant documents that have drawn the name of Mines and Mining Development Minister into the matter.

The controversy centres on allegations that Botha Mine altered its legal argument by shifting from relying on ordinary certificates of registration to documents linked to Special Grants, in what observers say could be an attempt to broaden its claim over contested mining ground.

Court papers seen by NewsHawks show that Botha Mine initially claimed ownership of mining claims known as Botha Mine 1 to 4 under Certificates of Registration 46035 to 46038, covering approximately 31 hectares.

However, annexures attached to the court application allegedly refer to Special Grant surveys covering more than 119 hectares, a development that has sparked questions over the authenticity and legal basis of the documents submitted before the court.

Former mine manager Isaiah David, whose name appears in relation to the mine during the relevant period, denied having any involvement in the preparation or submission of the disputed documents.

“My responsibility was managing operations on the ground. Issues relating to Special Grants are not something I handled or know about,” said David.

“The legal department dealt with all paperwork relating to certificates of registration and related submissions. I was not involved in that process.”

David is reportedly still expected to appear before a disciplinary hearing following his dismissal from the company.

In its court application, Botha Mine stated:

“The applicant is the registered holder of rights in mining claims commonly known as Botha Mine 1 to 4 held under Certificates of Registration 46035 to 46038 respectively. For ease of reference, I attach hereto the applicant’s certificates of registration and surveyed coordinates marked as Annexure B1 and B4, respectively.”

However, documents reviewed by this publication allegedly show that the annexures attached do not correspond with the 31-hectare claims cited in the application. Instead, they allegedly relate to Special Grant surveys covering a significantly larger area exceeding 119 hectares.

The development has generated controversy because Special Grants are governed under a separate legal framework from ordinary mining claims. Under Zimbabwe’s Mines and Minerals Act, Special Grants can only be issued by the Minister of Mines and Mining Development.

Mining industry observers say the introduction of Special Grant documentation into the matter risks creating the impression that senior government officials were directly involved in the disputed claims.

“Once Special Grants become part of the argument, questions naturally arise because only the minister has authority to issue them,” said a mining observer familiar with the matter.

“That is why there are concerns that the minister is being unnecessarily dragged into what is essentially a private mining dispute.”

The observer further alleged that the shift from certificates of registration to Special Grant-related documents could be interpreted as an effort to reinforce or expand Botha Mine’s claim over the contested area.

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