Artisanal Miner Dies at Defiant Botha Gold Mine Lawyer’s Shaft After Govt Safety Orders Ignored – Eduzim News

BINDURA, 24 April 2026 – An artisanal miner died while working in a shaft allegedly controlled by a company lawyer after mining resumed in direct defiance of two government stop orders citing “immediate and unacceptable risks to life,” police and official documents confirm.

The deceased has been identified as Tinashe Chauke, 26, ID 63-2522392N67. His death occurred at Phoenix Prince Mine, a site within Mining Lease 21, which is held by Mutapa-owned Freda Rebecca Gold Mine. The shaft where Chauke died is allegedly owned or controlled by Evelyn Mhlanga, in-house legal counsel for Side Electricals (Private) Limited trading as Botha Gold Mine. The death is recorded under ZRP Sudden Death Docket SDD RRB 6389477.

Two binding orders had suspended all mining at the location prior to the fatality. On 08 April 2026, Provincial Mining Engineer E.T. Gota issued a Ministry of Mines suspension order under Sections 267, 300, and 301 of the Mining (Management and Safety) Regulations, 1990 (S.I. 109/1990), citing “conditions posing immediate and unacceptable risks to life, health, and safety,” including an “unsafe/violent environment, loss of control, breakdown of safety systems” and non-compliance with OHS standards. The order, stamped received on 09 April 2026, stated: “No operations shall resume without written authorization from this office.” It was copied to Provincial Mining Director T. Kashiri and ZRP Commissioner Nyirenda.

Additionally, the Environmental Management Agency (EMA) had separately directed a halt to operations for operating without an EIA Certificate and in breach of the Environmental Management Act [Chapter 20:27].

Despite both orders, mining activities allegedly continued. Provincial Mining Director Tendai Kashiri swore in an affidavit dated 22 April 2026 that Botha Gold Mine “has never acquired any mining rights within Mining Lease 21.” The Ministry of Mines confirmed to this publication that the stop order remains in full effect and has not been rescinded.

Legal experts say Chauke’s death raises potential culpable homicide liability under Section 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], which criminalizes death caused by negligent failure to perform a legal duty. As alleged shaft owner or controller, Mhlanga may have owed a duty of care to miners on her shaft. If she instructed, permitted, or failed to stop mining after the 08 April order, questions of negligent breach arise. Separately, Botha Gold Mine directors are alleged to have issued communications urging artisanal miners to defy government safety directives, potentially triggering corporate criminal liability under Section 277 of the Criminal Law Code.

The conduct of the legal practitioner involved has drawn sharp criticism. The Law Society of Zimbabwe’s by-laws deem conduct likely to demean public confidence in the legal profession as professional misconduct. One senior lawyer, speaking on condition of anonymity, said: “When an officer of the court is alleged to defy orders from judicial officers and statutory bodies like EMA and the Ministry of Mines, and a death results, it raises questions about fitness to practice. The public must have confidence that lawyers uphold the law, not facilitate its breach.”

Evelyn Mhlanga and Botha Gold Mine were contacted for comment but had not responded by the time of publication.

ZRP Bindura confirmed that Sudden Death Docket SDD RRB 6389477 is open and investigations are ongoing. A post-mortem report for Tinashe Chauke is pending.

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