NewZimbabwe.com has invited Mr. Vengai Madzima, the Senior Partner at Madzima Chidyausiku Museta Legal Practitioners (MCM Legal), to discuss legal issues that affect Zimbabweans with us. The discussions are of a general nature, and those seeking specific legal advice should contact their lawyer.
Reporter: Welcome back Mr. Madzima, this week we want to discuss the impact of mining on the environment in Zimbabwe. What has been the impact of mining on our environment and has it been worth it?
VM: That is a two-pronged question. Mining has had a significantly negative impact on our environment and since most mining occurs in farms or rural areas, it has also affected and in some instances disrupted the socio-economic lives of the people in such areas.
Let me address your question of whether it is worth it. Mining is a significant contributor to our economy through taxes, foreign currency earnings, employment creation, technology transfer et cetera. It is the anchor of our future economic growth projections as new minerals are continuously being discovered and through on-going exploitation of our historical minerals like gold, which we still hold in abundance. In fact, the resuscitation of our currency is hinged on continued gold mining.
The real question has to be on sustainable mining. Our laws starting from the constitution prescribe and advocate for the protection of the environment for the benefit of current and future generations. However, current practices for one reason or another have resulted in a lot of deforestation, contamination of land and water resources, air pollution and so on and so forth.
Reporter: What measures are available currently to protect the environment against harmful mining activities?
VM: The Environmental Management Agency commonly known as EMA is the body that is mandated to oversee and monitor activities that are potentially harmful to the environment.
It is the watchdog.
Mining is an activity with serious potential to harm the environment. Entrants into this space are required by law to first submit an Environment Impact Assessment Report to EMA which will assess it and then issue a certificate approving the mining if satisfied.
Reporter: What information is contained in the Environmental Impact Assessment Report?
VM: The report will describe the proposed project in detail, and what developments or works will be carried out at the project. It will also look at the geographical and socio-economic conditions in the area where the project is being implemented, including any legal policy affecting or that may be potentially affected by the project. Lastly, the report addresses the potential environmental and social impact of the project and proposes mitigation measures for the projected impact. Social impact is critical as mining activities are carried out in places that were or are inhabited by people.
The report will also address post-mining issues which include land reclamation and rehabilitation.
Reporter: If there are such measures then why are we experiencing such land degradation and harmful environmental practices?
VM: This is a fair question.
The first part of the question relates to whether EMA has the full economic capacity to carry out its mandate in light of our economic hardships and the mushrooming of illegal miners everywhere in the country specifically in the most remote of areas.
A 2024 conservation report estimated illegal miners to be around 400,000 people. That is a staggering figure if you then juxtapose that with the potential environmental impact that such unregulated people, operating clandestinely and sometimes at night, will have on the environment.
In areas such as Gwanda, animals were falling in pits, the area experienced reduced biodiversity and also lost a significant number of their Mopane trees where they had historically harvested Mopane worms for personal consumption and resale.
EMA retains the mandate to rehabilitate such land using budgetary support from the Government. That is why I then raised the question of capacity. The Chamber of Mines did propose that rehabilitation levy be imposed on miners which may find its way in the new Mines and Minerals Bill.
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The panacea of our environment is directly linked with the solution to our illegal miners' problem.
Reporter: What penalties are available for breach of environmental laws in mining?
VM: Our laws impose penalties for the various breaches that can occur from mining activities. The penalties range from applicable fines to imprisonment. Further, the perpetrators may be ordered to pay the costs of restoration of the land or water or compensate EMA for works done in restoring such property to its normal state. An additional penalty may be imposed ordering the perpetrators to compensate third parties who have suffered harm as a result of their mismanagement of the environment.
Reporter: Thank you, Mr. Madzima we have run out of time.
VM: Thank you.
You can contact Vengai Madzima at vengai@mcmlegal.co.zw or www.mcmlegal.co.zw
