court
ZLHR lawyer Tinashe Chinopfukutwa on 2 September 2021 wrote a letter
to the Mining Commissioner for Mashonaland East province and to the
Environmental Management Agency seeking explanations regarding the
existence of a prospecting licence authorising the miner to peg the
village so as to conduct mining activities.
Chinopfukutwa said in the event that a prospecting licence was granted
to Heijin Mining Company, then the pegging of Kaseke Village is
unlawful as a holder of a prospecting licence shall not exercise any
of the rights conferred in terms of the prospecting licence on
communal land without the consent of the occupier.
The human rights lawyer stated that the pegging of Kaseke Village
without consultation and the consent of the occupiers of the land is
unlawful and that in terms of Section 31(1)(h) of the Mines and
Minerals Act, no holder of a prospecting licence can proceed to peg
communal land occupied as a village without the written consent of the
Rural District Council of the area concerned.
Chinopfukutwa has asked if any Environmental Impact Assessment was
conducted in relation to the mining project and if so to be furnished
with a copy of the certificate approving the prospecting and pegging
of Kaseke Village by Heijin Mining Company.