High Court stops alluvial mining operations in Penhalonga
By ZLHR
A ZIMBABWEAN court has ordered some miners to immediately cease carrying out alluvial mining operations in Penhalonga in Manicaland province, following a landmark challenge filed by some peeved residents, seeking to protect the environment from harm.
In an urgent chamber application filed at Mutare High Court on 21 September 2024, three residents namely Peter Dengure Maneswa, Blessing Tafadzwa Chigova and Treasure Maziti, who reside in Managers Hill in Penhalonga in Manicaland province, sued two miners Kainos Mhandu and Edson Rainford for unlawfully carrying out some mining operations in the gold-rich area of Penhalonga.
Maneswa, Chigova and Maziti, who were represented by Calexy Maunga and Tatenda Sigauke of Zimbabwe Lawyers for Human Rights, argued that that the miners’ conduct was unlawful as it contravened the country’s environmental laws and that the riverbank mining activities being carried out would be harmful to the environment as the operations increase the risk of flash floods during the fast approaching rain season and other seasons to follow.
The Penhalonga residents faulted Mhandu and Rainford for occupying some banks of Mutare River on 19 September 2024, where they brought two excavators, which they used to conduct alluvial gold mining activities, without lawful authority and without the requisite licences and certificates.
Maneswa, Chigova and Maziti argued that the mining operations conducted by Mhandu and Rainford were interfering with the enjoyment of residents’ right to property enshrined in section 71 of the Constitution and their environmental rights guaranteed under section 73 of the Constitution as the residents’ properties have boundaries which are at the banks of Mutare River.
The residents, who also had some of their perimeter fence destroyed by the miners, reasoned that the mining operations being carried out in Penhalonga were unlawful for want of lawful authorisation from the Minister of Environment, Climate and Wildlife and were being done without securing an Environmental Impact Assessment Certificate, thereby violating the Environmental Management (Control of Alluvial Mining) Regulations, 2014 and the Environmental Management (Control of Alluvial Mining) Amendment Regulations, 2021.
On 23 September 2024, Mutare High Court Judge Justice Isaac Muzenda ordered Mhandu and Rainford and their lawful agents, contractors or anyone acting under their instructions, to immediately remove all their mining equipment from Mutare River.
Justice Muzenda also barred Mhandu and Rainford and their lawful agents, contractors or anyone acting under their instructions from carrying out any mining operations along Mutare River, close to Penhalonga Bridge in Mutare or any other area within Mutare River.
The High Court Judge ruled that in the event of Mhandu and Rainford failing to comply with the court order, the Sheriff or the Deputy Sheriff should do anything he deems necessary to ensure compliance with the court order including enlisting the services of Zimbabwe Republic Police.
