Gold, the law and the environment

THE proclamation by President Robert Mugabe on the so-called “makorokoza”, otherwise known as artisanal miners and small-scale miners (ASMs) was spot on.

Speaking in Bindura over the weekend, he clarified a major policy position when he asserted that Government was not against the right of the ASM sector to work unhindered but that in mining gold, they do so without endangering the environment, others and themselves.

The pronouncement by the President follows complaints by ASMs, estimated to be between 200 000 to 500 000, indicating that the police continue to arrest them and hinder their work. This is in contrast to Government assuring them that efforts are being made to amend the “colonial” Gold Trade Act, which makes the act of possessing gold without requisite papers criminal. Meanwhile, they would not be arrested but allowed to sell their gold to Fidelity Printers and Refiners (FPR) as long as they have their identification documents.

Some police officers have taken advantage of the legal loophole and chosen to ignore the national consensus calling for the decriminalisation of gold possession. As a result, each month we continue to benefit other nations by between US$28 million and US$60 million in hard-earned and scarce foreign currency simply because we are failing to put our money where our mouths are. Thus policy makers have called on ASMs to work with FPR in order to get their work regularised as well as ensuring that the estimated 700 to 1 500kg of smuggled gold per month benefits Zimbabwe rather than the underground foreign-linked economy.

Given the national challenges to secure critical imported raw materials and solve the cash crisis, the question that begs is why are we taking so long to deal with a minor amendment whose effect will empower thousands of our people nationwide? In any case, should we not focus on arresting people smuggling rather than those earning an honest living? The criminals are taking money from Zimbabwe and deserve to be given tough sentences.

Even the recently appointed Office of the President-led taskforce agrees. It is time we set our priorities straight rather than allow a situation where a few take advantage of technical loopholes in the law to self-enrich at the expense of the majority.

First, the President’s pronouncement should be a warning for rogue police officers to direct their efforts to where the real criminals are, at the various border posts and airports where smuggling is a daily occurrence.

Secondly, it should set in motion the process for a quick amendment of the legislation. While the rule of law demands that law enforcement agents must be informed only by what is written by statutes regardless of political pressure or statements, the history of Zimbabwe has shown clearly that in matters where people and national interest is threatened by some colonial setup, justice must prevail, otherwise chaos reigns supreme. The land reform process could only be carried out because the law had to bend to the huge outcry by the landless majority. After all, laws are enacted by people for their own good rather than the other way round.

Even Jesus of Nazareth recognised this when at one point he was in trouble for choosing to heal on a Sabbath when the law said Sabbath was to be kept holy. In response to overzealous law enforcers He asked what they would do if a donkey fell into a well on such a day. Clearly, public interest takes precedence.

To his credit, the President’s clarification on the rights for ASMs to do their work without undue interference was balanced by an equal call for ensuring that gold extraction is used as means for the development of Zimbabwe rather than its destruction through various forms of environmental degradation and illicit gold trading. The same land that miners work on is the same that is used for agriculture and the same that trees grow on and the same that rivers flow on.

Without the other activities taking place, even the gold miners perish. As such, for mining to be effective it must respect its relationship to agriculture and other environmental demands.

Sadly, the law has let us down. The impasse between the Parliamentary Portfolio Committee on Mines and Energy and the Ministry of Mines and Mining Development pertaining to the amendment of the Mining and Minerals Act is costing this country too much. Nothing must stop artisanal miners from working and selling their gold. It is time we all played our part. ◆ Once again your input in this national debate is most welcome. Contact: info@fpr.co.zw