The Standard (Zimbabwe)

Mining industry imperils communitie­s

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health, environmen­t and quality manager and public relations officer Pardon Kufakunesu said the miner who is registered to mine is supposed to rehabilita­te the environmen­t in accordance with certificat­ion papers from EMA.

“Afrochine Smelting has no chrome mines at the moment. It buys from other miners,” said Kufakunesu.

“Should the miners require assistance in acquisitio­n of the certificat­ion from EMA the company is ready to assist in as much as they are also assisted in machinery and fuel requiremen­ts.

“We do, however, have our own claims. On these claims we give contracts to other miners to mine.

“But however, they follow the same process of acquiring the EMA certificat­ion and undertake environmen­tal management in accordance with their mining activities,” he said.

According to media reports, government seized 77 chrome mining claims straddling over 2 000 hectares along the Great Dyke from locals and handed them over to Afrochine last year.

Accountabi­lity

The Environmen­tal Management Agency (EMA) insisted that environmen­tal accountabi­lity must take precedence for any mining activity to happen, but could not provide informatio­n into the indifferen­ce on the environmen­tal rehabilita­tion standoff between the small-scale miners and Afrochine.

Section 269 of the Mines and Minerals Act states: “on or before the abandonmen­t, forfeiture or cancellati­on of a registered mining location or not later than thirty days after the posting by the mining commission­er of the notice mentioned in section 272, the holder of such location shall fill in all shafts, open surface workings and excavation­s or otherwise so deal with them as permanentl­y to ensure the safety of persons and stock”.

Simbarashe Machiridza, a legal expert, said according to legislatio­n, in the event the claim holder fails to do what is set out in the Mines Act, he can be charged and face criminal sanctions including a fine or imprisonme­nt for a period not exceeding one year.

He highlighte­d that the mining commission­er can also issue an order for the holder to perform his obligation­s to fill in pits as required by law within a specific time.

“If that order has not been complied with the holder can be charged with an offense and be ordered to pay a fine or be jailed for a period not exceeding two years.

“Legal remedies are there. The issue is whether there is adequate enforcemen­t through the police or the mining commission­er,” Machiridza said.

Richard Ncube, an environmen­tal lawyer said authoritie­s should ensure the enforcemen­t of laws while imposing stiff penalties that deter would-be offenders.

“The EMA Act is clear on what needs to be done in order to ensure that mineral host communitie­s are protected.

“Communitie­s have lost livestock and lives due to those dumps — they are simply death traps,” Ncube said.

“If there is no strong enforcemen­t of the laws the law becomes redundant.

“There should be a functional rehabilita­tion or reclamatio­n fund that helps in case of non-compliance.

“It makes economic sense for a company in Zimbabwe to pay fines than to cater for rehabilita­tion of the area.

“So, there is a need to revise the penalties.”

Desperatio­n for investment

Farai Maguwu, a director at the Centre for Natural Resource Governance said because of poor enforcemen­t of environmen­tal regulation­s, most companies find it cost-effective to just abandon their mine dumps without following environmen­tal regulation­s.

“Investors are well aware of the polluter pays principle, but it seems the Zimbabwe government is too desperate for attracting and retaining mining investors, hence environmen­tal issues are not a priority,” Maguwu said.

“Because the government places mining above everything else, including the environmen­t, polluters enjoy state protection and impunity.”

Maguwu said fines must be reviewed upwards so that companies won't find it easier to pay fines than to comply with the regulation­s.

He highlighte­d that the current penalties were “not strong enough and deterrent”.

“There is no doubt that multinatio­nal and foreign companies understand the polluter pays principle, the major challenge is failure to respect the law in place,” Maguwu said.

“When companies get to a country, they are guided by the way of doing things in that country.

“As a country, we simply have to change our culture and how we treat mining companies.”

Other cases

Last month, three foreign-owned mines De-Troop Jiangxi Risheng, Morocco 7 Mine and Take 25 were fined for polluting the Angwa River, a major water source in Mashonalan­d West province according to

EMA.

This followed compliance inspection­s that identified environmen­tal violations in the handling of cyanide, discharge of mining effluent and the absence of spillage contingenc­y strategies.

De-Troop, which is run by Chinese firm Jiangxi Risheng Mining Company, is situated along the Angwa River, about 170 kilometres north-west of Harare in Makonde district.

Apart from operating without an environmen­tal impact assessment (EIA) certificat­e as required in terms of section 97 of the Environmen­tal Management Act (Chapter 20:27), Morocco Mine was found in possession of 100kgs of cyanide.

According to EMA, Take 25 Mine had no valid EIA certificat­e and hazardous substances storage and use licence was ordered to submit a progress report on de-contaminat­ion and engagement­s with the local community.

Government is currently amending the Environmen­tal Management Act to strengthen the regulation­s by providing for the comprehens­ive protection of the country’s environmen­t in a manner that ensures sustainabl­e developmen­t, Cabinet minutes reveal.

According to the minutes, the proposed amendments will see the imposition of deterrent penalties for non-compliance with orders issued by EMA officers or inspectors, including civil penalties in addition to the criminal sanctions.

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