High Court Orders Miners To Stop Alluvial Mining In Penhalonga
The High Court has ordered some miners to cease alluvial mining operations in Penhalonga, Manicaland province, following a challenge by residents aimed at protecting the environment.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), 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, who were represented by Calexy Maunga and Tatenda Sigauke of Zimbabwe Lawyers for Human Rights, argued that the miners’ activities violated environmental laws, increasing the risk of flash floods during the upcoming rainy season.
The miners were accused of unlawfully occupying the banks of the Mutare River and conducting operations with two excavators without necessary licenses or authority.
The residents claimed the mining operations infringed on their constitutional rights to property and a safe environment, as their properties border the river.
The mining activities were deemed unlawful due to the absence 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 September 23, 2024, High Court Judge Justice Isaac Muzenda ordered the immediate removal of mining equipment from the Mutare River and prohibited any further mining operations in the area.
The High Court Judge ruled that if the miners failed to comply with the order, the Sheriff or Deputy Sheriff could take necessary actions, including involving the Zimbabwe Republic Police.
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