‘Majority of Zim mines face closure’ 10 April 2024

A number of Zimbabwe’s mines risk losing their mining permits after the High Court ruled that miners should first obtain an environmental impact assessment certificate (EIAC) before being granted a mining permit. Miners say in practice, most started operations after first obtaining their permits from the mines ministry. The effect of the ruling is that all mining permits granted before obtaining an EIAC certificate from the Environmental Management Agency (EMA) can be voided, according to legal experts…Justice Mungwari said with effect from 2003, section 97 of the EMA Act requires applicants for mining licenses to have first obtained an EIAC.

…Mungwari said “it is wrong for anyone to assume that the EIAC is not a sine qua non (a necessary or indispensable requirement) for the grant of a prospecting licence or indeed a mining licence.” She added: “It must be clear to all officials charged with the administration of the Act that whether they deem it tedious or not the law requires provisions of the Mines and Minerals Act to be read together with provisions of the EMA Act which speak to mining operations.” She said the decision by the mines ministry to issue Avoseh a mining permit before the EIAC was a “complete disregard of the law.”

…Nkosiyenzile Mpofu, a lawyer with Bulawayo law firm Cheda and Cheda Associates said Mungwari’s judgement was “seismic.” “The judgement would, in effect, imply that one cannot get mining title without first acquiring an EIAC from EMA. This means all mining entities that acquired mining title or certificates before acquiring EMA certificates have to have them cancelled,” Mpofu said. “Also, no mining concern must acquire or be issued with a mining title until they obtain a EIAC certificate henceforth.” Mpofu said the judgement “upsets the order of things.” “It introduces fresh uncertainty for already jittery investors concerned about the unpredictability of Zimbabwe’s mining environment, including the implementation of laws and protection on investment,” Mpofu said.