By A Correspondent| In a significant legal victory for Botha Gold Mine Chairman and controlling shareholder Themba Hlongwane, the High Court has rescinded fraudulent court orders, that had been used to orchestrate his removal from the company.
Justice Siyabona Paul Musithu on February 5, 2025, nullified previous judgments that had illegitimately sought to strip Hlongwane of his leadership position and hand control of the mine to a faction of minority shareholders led by one Leonard Rwambiwa .
The legal dispute centered around court orders HCH4802/24 and HCH4255/24, obtained through misrepresentation by Rwambiwa and his group of “rebel shareholders.”
These orders authorized the hostile takeover of Side Electrical (Pvt) Ltd trading as Botha Gold Mine.
However, Justice Musithu set aside the fraudulent court orders, reaffirming Hlongwane’s leadership.
In a press statement issued on Friday, Botha Gold Mine said, “The fraudulent court orders, HCH4802/24 and HCH4255/24, obtained by a certain band of rebel minority shareholders, have been rescinded by Judge Musithu under HCH5865/24. This development nullifies any claims or actions taken pursuant to the fraudulent order.”
The company also named and disassociated itself from Rwambiwa and five other individuals who had falsely presented themselves as directors, warning the public and stakeholders against engaging with them.
“For the avoidance of doubt, all those concerned, be advised that the following individuals (Munyaradzi Nzarayapenga, Leonard Rwambiwa, Dudzai Ruzvidzo Kajokoto, Ashley Ziyarura Zulu, Simbarashe Nzenza, and Tendai Chinyani )are not directors or representatives of Botha Gold Mine,” reads part of the statement.
Botha Gold Mine also cleared Hlongwane and General Manager Angela Mpofu-Chisvo, who had been falsely accused of misappropriating funds.
“We take this opportunity to sincerely apologise to all innocent individuals who may have been maliciously slandered during this debacle. We particularly apologise to Mr. Themba Hlongwane and Mrs. Angela Mpofu-Chisvo, who were wrongly accused of misappropriating funds and concealing information as part of the decoy that was created by the fraudsters,” added Botha Gold Mine.
The company said it would not recognize any agreements or transactions made by the ousted individuals.
“Botha Gold Mine will not recognise or honour any agreements, contracts, or transactions entered into with the aforementioned individuals. Furthermore, the company totally disassociates itself from any dealings, actions, or representations made by these individuals or anyone claiming to act on their behalf,” said Botha Gold Mine.
The company also called on law enforcement authorities to investigate and prosecute those responsible for the fraudulent legal maneuvers.
Botha Gold Mine said it remains steadfast in supporting artisanal miners and upholding ethical business practices, a vision that Hlongwane has championed throughout his tenure.