HARARE –In a fresh twist of events, it has emerged that in 2025, a youth empowerment group filed a High Court Application alleging that rogue directors from Botha Mine fraudulently hid a seven-year-old consent order, stripping the organization of its 60% profit share, with proceeds allegedly channeled to undeserving people with the name of the prominent businessman Farai Matsika and FaraMatsi being spilled by the disgruntled former company Secretary.
Court papers filed under case number HCH587/25 reveal that Zimbabwe Empowered Youth United in Major Economics Sector Acceleration (ZIYUMESA) is seeking rescission of the 2018 consent order (REF CASE NO. HC 11047/18), claiming it was obtained through secret legal representation and without the knowledge of the parent body.
The group alleges that former directors Gift Kanosvamhira, Normsa Patience Hove, Knowledge Munetsi, and Simbarashe Nyenza – all associated with Botha Mine – “went rogue” before 2018, ceasing to remit the 60% profit share from mining proceeds at Botha Mine and cutting communication with ZIYUMESA.
According to a founding affidavit deposed by Tariro Andrew Chidavayenzi, ZIYUMESA originally held a commanding 60% profit share in Side Electrical (Private) Limited, the corporate vehicle controlling Botha Mine.
The remaining 40% was retained for operations, with any major decision requiring a joint board meeting.
Ncube’s affidavit implicates MatsikaThe alleged fraud came to light in 2022, when former Company Secretary Phathisile Paula Ncube contacted ZIYUMESA while pursuing unpaid wages under case number HCHC05/22.
In an affidavit now before the court, Ncube details how the 60% profit share stripped from the youth group was allegedly distributed among the respondents, their legal practitioners, and corporate players through a network of shell companies.
Court papers explicitly name Farai Matsika and entities linked to him, including FaraMatsi, as beneficiaries of the diverted shares and mining proceeds from the Botha blocks. ZIYUMESA states it has received no payments against the reduced 10% allocation.
Supporting affidavits from members Planet Chinyemba and Valentine Masimbe corroborate the claims.
Secret legal representation alleged
The court papers further state that the respondents secretly hired Kajokoto and Company – a law firm separate from ZIYUMESA’s legitimate legal representatives, Mutumbwa Mugabe – without renouncing agency or notifying the broader membership.
Through this unratified legal representation, the respondents allegedly entered into a fraudulent consent order that slashed ZIYUMESA’s stake to 10%.
Mining claims subdivided: Technical evidence emerges
A closer look at the certificates of registration for Botha 1-4 shows that they bear an inscription “conversion of 41158BM” – revealing that all four Botha blocks were birthed from a conversion of one big block (41158BM) into gold blocks less than 10 hectares each.
This technical evidence confirms that Botha Mine was originally a single 31-hectare Base Metal Block (41158BM) subdivided through Certificates of Registration 46035-38 into four gold reef blocks: Botha 1 (10 hectares), Botha 2 (8 hectares), Botha 3 (4 hectares), and Botha 4 (9 hectares).
Further strengthening this claim, a review of court documents has uncovered a signed joint venture agreement in which Side Electricals – then under the control of this youth group – clearly stated that it owns only 31 hectares under block 41158BM.
ZIYUMESA therefore asserts that no legal basis exists for any Special Grant surveys to alter this original allocation.
Seven-year delay explained
Addressing the seven-year delay in filing for rescission, Chidavayenzi pleaded for the court’s indulgence, stating the group had to raise independent funds to engage its current legal team, Maringe and Kwaramba, after discovering the judicial fraud.
“The delay in filing the present application is not by design,” Chidavayenzi stated in the affidavit.
“The Applicant will suffer prejudice if this application is denied because, as it stands now, the Applicant no longer has control over its own brain child.”
Contacted for comment Farai Matsika said he couldn’t comment on issues before the courts while Kajokoto said
“I am not privy to the issue, yes it was handled by our firm but I don’t remember the person who was handling it”.
