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The Centre for Research and Development(CRD) is deeply concerned
that recurrent state security operations in Mutare River have
been sparing criminal gold mining syndicates from arrest and
accountability for rehabilitation. A day before another
operation to flush out illegal mining syndicates started on 8
October 2024, CRD observed the main culprits hurriedly removing
their excavators from Mutare River. Police sources indicated
that the culprits knew about the impending operations ahead.
These syndicates, responsible for mineral plunder, tax evasion,
community infrastructural damage, and irreversible destruction
of the Mutare River channel and riverine ecosystem are comprised
of well-known politicians and servicemen. They are colluding
with Chinese miners notorious for gold smuggling.CRD observed
that mountains of mining overburden soil extracted from the
riverbank have blocked water flow in the diverted river channel
resulting in excessive siltation and overflow threatening Mutare
Bridge with collapse. As the rainy season approaches, CRD is
deeply concerned that residents of Penhalonga's low residential
areas risk losing their lives and properties to potential river
flooding. The syndicates have also left huge unsecured pits with
stagnant water exposing the local community to drowning and
malaria-breeding mosquitoes.
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Abuse of political power to undermine the rule of law
On 25 June 2024,
CRD rallied residents in Penhalonga affected by the adverse
impacts of illegal mining activities in the Mutare River and
appended their signatures to a letter of complaint submitted to
the Ministry of Mines and all relevant government authorities.
In the letter, residents complained that the mining activities
were near their residential areas in violation of section 31 of
the Mines and Minerals Act and S.1 72 of 1989 which prohibit
mining within 450 metres of residential areas. The illegal
miners were also in violation of S.1 268 of 2018 which forbids
settling plants without EIAs and S.1 258 of 2018 on control of
hazardous substances. Responding to growing complaints from
residents, the Environmental Management Agency(EMA) had earlier
on 12 June 2024 ordered one of the illegal mining syndicates
Primascopic Private Limited to stop all mining operations in
Mutare River. EMA’s order pointed out that Primascopic was
conducting alluvial mining without a valid EIA license from the
Agency in violation of section 97(2) of EMA Act 20:7 and written
consent from the Ministry of Environment, Climate and Wildlife
Management in terms of Section 3(1) of statutory instrument 104
of 2021.EMA’s stop order did not count as Primascopic continued
mining in the Mutare River.
From 12 to 15
July 2024, the Zimbabwe Republic Police(ZRP)-led Provincial
Joint Operational Command embarked on an operation to arrest
illegal miners in the Mutare River in response to the letter
submitted by Penhalonga residents. After being briefly detained
by the police the illegal miners including Primascopic
representatives were released and their mining activities
resumed. CRD raised concern over the resumption of illegal
mining activities with ZRP operations and was referred to
EMA.EMA informed CRD that the illegal operations were continuing
because of a directive from higher authorities. Information
gathered by CRD indicates that the leading illegal mining
syndicates were owned by a senior military officer and
high-ranking ZANU PF politicians fronted by a ZANU PF activist
Evan Kamombo. The objectives of Primascopic rehabilitation
gleaned by CRD were to “restore the degraded area to its
original state by rehabilitating pits left by DTZ and artisanal
miners to improve water flow in Mutare River reduce siltation,
increase groundwater recharge, improve aquatic life and improve
riverine vegetation”. On the contrary, Primascopic was
conducting open cast mining in Mutare River in an area where DTZ
and artisanal miners had not mined. Sources close to Primascopic
mining activities told CRD that a minimum of 8 kgs of gold were
produced weekly from their mining operations. CRD interviewed
revenue collection authorities in Mutare and discovered that the
mining syndicates were not paying taxes. The authorities
indicated that they could not charge taxes on illegal mining
operations. At Fidelity Gold Refinery(FDR) in Mutare authorities
confirmed knowledge of commercial alluvial gold mining
operations in Mutare River but were not aware of where the gold
was going. The government ban on riverbed mining that was
announced on 21 August 2024 was not backed by the amendment of
SI 104 of 2021 to close an existing weakness. In response to the
ban, CRD in collaboration with other civil society actors in
Manicaland Province released a press statement edging the
government to demonstrate its commitment to the ban by restoring
section 3 of SI 92 of 2014 to ensure just application of the law
on riverbed Mining.CRD also implored on government to urgently
undertake environmental audits to fully comprehend the scale of
destruction in affected rivers and hold those responsible for
environmental crime accountable for rehabilitation. The
government did not heed the call. Large-scale alluvial mining
operations continued unabated in the Mutare River for one and a
half months. Against the increased vulnerability of residents of
Penhalonga to adverse mining impacts and lack of government
protection CRD sought legal assistance for Penhalonga residents
from human rights lawyers. The court action by representatives
of Penhalonga residents supported by Zimbabwe Lawyers for Human
Rights(ZLHRs) riled beneficiaries of illegal mining operations.
One of them, a well-known ZANU PF activist Cosmos Pasanduka was
recorded on the phone challenging one of the affected residents
for taking the matter to court. Cosmos argued that his syndicate
would resist any court outcome because he had been granted
permission to mine in Mutare River by the highest authority. On
23 September 2024, residents of Penhalonga won a High Court
ruling against illegal mining in Mutare River. The court barred
illegal mining syndicates from carrying out any mining
operations in Mutare River, close to Penhalonga Bridge or any
other area within Mutare River.
Landmark challenge court
victory against illegal mining in Mutare River
After being served with the High Court order to ban their
operations, the syndicates removed their mining equipment from
the Mutare River. They however resurfaced a week later under
different names with more mechanised equipment and fronted by 4
Chinese nationals. CRD approached ZRP operations in Mutare to
inform them of the latest developments. On 8 October 2024, JOC
descended on Penhalonga with yet another operation. But the
illegal mining syndicates had left the night before. Without
rehabilitation, Mutare River is experiencing a proliferation of
illegal artisanal miners and gold processing hammer mills under
government watch. Recently, an artisanal miner digging for
alluvial gold got trapped under the heaps of soil left by
Primascopic company and lost his life. The widespread use of
chemicals such as cyanide and mercury, to extract gold by
illegal artisanal miners in Mutare River is contaminating water
bodies with toxins that do not degrade easily.
Illegal Chinese miners working in
cahoots with political elites setting up temporary structures on Mutare River
bank
Between 2018 and 2021 government has been deliberately tempering
with the law by repealing progressive clauses in sections 2 and
3 of SI 92 2014 to vest discretionary powers on riverbed mining
on the responsible environment minister. Political elites and
securocrats have been abusing the discretionary powers of the
Minister to conduct riverbed mining operations with impunity.
Without repealing SI 104 of 2021 to legalise the ban, political
elites will return their criminal mining gangs to Mutare River
to continue with mineral plunder on the pretext of conducting
rehabilitation.The abuse of political power observed by CRD in
Mutare River mining, Odzi River, Premier Estates and Chimanimani
river bed mining is also widespread in other provinces in
Zimbabwe where mining is taking place.
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Gold leakages and illicit Trade: Zimbabwe is losing US$158 400
million of revenue every year in Penhalonga. |
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Influence of Redwing Mine Plunder |
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The Mining Affairs Board(MAB) approved a
controversial non-standard tributary agreement between corporate
rescue legal practitioner Knowledge Hofisi and Scot Sakupwanya’s
Betterbrands mining entity in December 2020. Hofisi was the
interim Corporate Rescue Practitioner for Redwing Mine appointed
by the High Court after Redwing Mine was put under judiciary
management on 23 July 2020. Little-known mining entities such as
Betterbrands, Proper Deck and Prime Royal Africa began jostling
for control of Redwing Mine immediately after the granting of
the High Court Order. Backed by high-profile political elites,
Betterbrands elbowed the other two to take over Redwing. Thus
Scot Sakupwanya’s Betterbrands opened floodgates to porous
subsistence mining activities at Redwing that saw the
mushrooming of illegal gold processing plants such as hammer
mills and cyanidation sites in Penhalonga. The mining practice
has been a worst case of mineral leakage and smuggling, high
fatality incidences due to unsafe management and safety
regulations, tax evasion and severe environmental degradation.
The porous mining practice fueled a thriving gold black market
and organised crime.CRD warned the government of the dire
consequences of approving an unsafe mining practice at Redwing
mine from the onset. Through evidence-backed advocacy, CRD has
been consistent in calling for a government ban on irresponsible
mining in Penhalonga. As witnessed in Mutare River mining, the
government response has been evasive. Political elites connected
to Redwing mining activities have been fingered in the illicit
trade in gold. As a result of self-serving agendas, the
government has been reluctant to combat the gold plunder at
Redwing Mine. Watching fellow ZANU PF elites amassing wealth at
Redwing Mine through manipulation of political power has
triggered other prominent ZANU PF politicians, party youth and
securocrats to do the same.They have also formed gold mining
syndicates to conduct illegal mining operations in the Mutare
River to also enrich themselves.
CRD recently tracked
production statistics for gold finding its way to illegal
processing plants in Penhalonga.CRD also interviewed illegal
alluvial miners who were operating in Mutare River to ascertain
the quantities of gold they were recovering. Illegal hammer
mills and cyanidation tanks are sprouted along rivers, communal
land, farming and residential areas in Penhalonga and
surrounding communities.These gold processing plants have
increased from 532 hammer mills and 21 cyanidation sites in
January 2023 to 28 cyanidation sites and 860 illegal hammer
mills this year. Figures collated by CRD indicate that between 5
to 7 kgs of gold is recovered daily at these gold processing
plants from gold ore coming from Redwing Mine.The gold is
sustaining a thriving black market. Since porous mining
activities started at Redwing Mine in October 2020, Zimbabwe has
lost an average of US$ 554 million of potential revenues to
illicit trade. This year’s remarkable surge in gold price on the
international market from US$55 to US$88 per gram means that
Penhalonga alone is losing US$158 million every year of
potential revenue contribution to fiscus through leakages and
illicit trade. Penhalonga presents another classical case of
manipulation of political power by political elites to sustain
gold illicit trade for self-enrichment. The net effect on
citizens has been revenue loss affecting citizens'
constitutional rights to attain basic human rights standards and
sustainable development. |
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