The High Court has mandated an end to alluvial mining activities in Penhalonga, Manicaland province, following a legal challenge by local residents aimed at safeguarding the environment.
On September 21, 2024, three residents—Peter Dengure Maneswa, Blessing Tafadzwa Chigova, and Treasure Maziti—filed an urgent application at the Mutare High Court against miners Kainos Mhandu and Edson Rainford. The residents were represented by Calexy Maunga and Tatenda Sigauke from Zimbabwe Lawyers for Human Rights (ZLHR).
In their application, the residents argued that the miners’ actions contravened environmental laws and heightened the risk of flash floods during the upcoming rainy season. They accused the miners of unlawfully occupying the banks of the Mutare River and operating two excavators without the necessary licenses or permissions.
The residents claimed that these mining activities violated their constitutional rights to property and a safe environment, as their properties are located adjacent to the river.
The court found the mining operations unlawful due to the lack of authorization from the Minister of Environment, Climate, and Wildlife, as well as the absence of an Environmental Impact Assessment Certificate. This situation constituted a breach of the Environmental Management (Control of Alluvial Mining) Regulations of 2014 and the 2021 amendment regulations.
On September 23, 2024, High Court Judge Isaac Muzenda ordered the immediate removal of all mining equipment from the Mutare River and prohibited any further mining activities in the area.
The judge specified that failure to comply with the order could result in action by the Sheriff or Deputy Sheriff, potentially involving the Zimbabwe Republic Police.
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