High Court Judge, Justice David Mangota has ordered Zimbabwe Consolidated Diamond Company (ZCDC) to immediately stop mining operations in Marange until they obtain an Environmental Impact Assessment (EIA) certificate from the Environmental Management Agency.
Justice Mangota’s order follows a High Court application filed by Malvern Mudiwa of Marange Development Trust with the assistance of Zimbabwe Environmental Law Association (ZELA).
In his founding affidavit, Mudiwa said the commencement of mining operations in Marange was premature and not in accordance with the law.
“First respondent (ZCDC) is threatening to dig up graves of our forefathers in the Chiadzwa area to open up new mining areas. This is another issue which should have been covered by the EIA process had it been conducted in accordance with the law.
“It would have enabled us to prepare in advance for the relocation of the graves and performance of the necessary cultural rites to preserve the integrity of our dead relatives.
“The commencement of mining operations by the first respondent was premature and certainly not in accordance with the law. It is operating unlawfully and it should be interdicted from doing so until it has conducted an EIA process and is issued with an EIA certificate,” said Mudiwa.
He added that as the applicant, he has a vested interest in ensuring that mining activities in the district are done in accordance with the law.
“We are affected by mining activities in the district on a daily basis. We are exposed to hazards like diseases and respiratory problems which are associated with mining. It is our environment that is being damaged by mining operations. I believe that the applicant has a right to ensure the protection of the interests of its members and their environment based on its objects,” added Mudiwa.
He further noted that ZCDC has no environmental management plans or impact mitigation measures which have been communicated to the villagers.
“In some cases mining is being done ten metres away from homesteads and people are living in suffocating clouds of dust. Open pits are being left unattended without any fencing to protect people, particularly young children and livestock. First respondent is doing nothing tangible to mitigate the impacts of its operations,” said Mudiwa.
In delivering his judgement, Justice Mangota reproached ZCDC’s actions in approaching the court with dirty hands whilst in full knowledge of the legislative provisions. He reiterated that the law is clear regarding developmental projects that require EIA certificates, hence all persons should abide by it.
Speaking after the ruling, Mudiwa said the judgement illustrates the importance of public interest litigation calling on communities to approach courts for redress where the law has been violated.
According to Veronica Zano, ZELA senior legal officer, the judgement sets environmental law and justice precedence.
“The judgement upholds Section 73 of the Constitution that recognises everyone’s right to an environment that is not harmful to their health or well- being. Therefore, it is the duty of the state, both natural and juristic person to uphold the Constitution,” said Zano.
