1 March 2018

Tanzania: Court Remands Four Miners for Deliberate Environmental Destruction Africa

Geita — GEITA Resident Magistrate's Court on Monday remanded four workers of the Nyarugusu Mine Company Limited for unlawful use of a tailing storage facility contrary to Regulation 40 and 176 of the Mining Regulations 2010, and for disobeying a lawful order contrary to section 124 of the Penal Code.

The remanded prisoners facing three counts are Julius Malemi (41 years), Ludovick de Ferranti (27), Fredrick Robert Masanja (51) and Allen Francis Noni (31). Another mention will be on March 1, when the court will consider the prisoners' bail application.

State Attorney Anosisye Erasto alleged before Principal District Magistrate Mrisho Kaliho Mrisho that the four accused on February 23, this year, at Ziwani village in the district and region of Geita disobeyed a lawful order issued on December 6, 2017 to Nyarugusu Mine by Acting Director General of National Environmental Management Council (NEMC), Dr Vedast Makota.

The attorney also alleged that the accused failed to undertake environmental impact certificate contrary to section 81(1)(2)(3)(4) and 191 of the Environmental Management Act, 2004 read together with Regulation 60(1) and (2)(b) of the Environmental Impact Assessment and Audit Regulation, 2005.

The accused, the attorney said, on February 23, this year, were found unlawfully operating a tailings (poisonous mud) storage facility without an environmental impact assessment certificate.

He also alleged that the accused on the same day used unlawfully the tailing storage facility without written permission from the chief inspector of mines. He told the court that unlawful use of the facility contravenes regulation 40 and 176 of the Mining regulations, 2010 made under 112 of the Mining Act, 2010. Magistrate Mrisho ordered the accused to be remanded until March 1, this year.

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