The Government of Zimbabwe has immediately banned all alluvial mining operations, citing environmental concerns and health risks. The new law, Statutory Instrument 188 of 2024, prohibits anyone from conducting alluvial mining activities or prospecting for alluvial deposits in or along any river or public stream.
In a bold move to protect the environment and public health, largely seen as bowing to increased pressure from civic groups and environmentalists, the Government has imposed an immediate ban on all alluvial mining operations. As of now, individuals or companies caught engaging in such activities will face penalties, including a minimum fine of US$5,000 or up to 12 months in prison.
This Statutory Instrument operationalizes a Cabinet directive to the same effect, which was pronounced in August this year. The Weekly extensively covered this ban, citing critics over its weakness in lacking a basis for enforcement. We have kept a pulse on the emerging toxic legacy of alluvial gold mining in Mutare River by local small-scale miners and foreign companies which continues to pollute the river and downstream tributaries.
The government’s decision to ban alluvial mining is a response to the severe environmental degradation caused by these activities and increasing pressure from civic organizations including the Centre for Natural Resource Governance (CNRG). Since 2011, large-scale and mechanical alluvial mining has resulted in water pollution, siltation, degradation of river channels, and disruption of riverine ecosystems.
Individuals or companies found violating the ban will face severe penalties, including a fine of at least US$5,000 or imprisonment for up to 12 months. The ban also revokes all existing permits and licenses for riverbed and alluvial mining, with no exceptions.
Further, the new law empowers authorities to confiscate equipment, machinery or vehicles used for alluvial mining until the case is concluded before the courts.
“No person shall, with effect from the promulgation of this section, conduct alluvial mining activities or carry out prospecting for alluvial deposits in or along any river or public stream (as that term is defined in Section 2(1) of the Water Act [Chapter 20:24])…,” the new law reads in part.
“… whether or not— (a) they are in possession of — (i) a special grant; or (ii) an express written authority of the Minister responsible for administration of the Act granted under exceptional circumstances in terms of Statutory Instrument 92 of 2014; or (iii) an Environmental Impact Assessment as required by Section 97 of the Environmental Management Act that authorises the alluvial mining in question; or (iv) any authority, permit or licence whatsoever under whatever enactment issued that purports to authorise alluvial mining activities or prospecting for alluvial deposits; (b) they are implementing an Environmental Management Plan pursuant to an EIA referred to in paragraph (a) (iii),” the SI says.
The ban on alluvial mining will have no exceptions, as even holders of special permits or environmental impact assessments will not be spared. Similarly, any special permits or licenses that were valid before the new law came into effect are also now invalid.
The use of mercury and other chemicals in alluvial mining has also contaminated local water supplies, posing a significant risk to human health. The government’s ban aims to mitigate these negative impacts and promote sustainable environmental practices.
State media quoted Permanent Secretary in the Ministry of Mines and Mining Development, Mr Pfungwa Kunaka, “First and foremost, there was a need for a legal framework (to ban illegal mining) … the Ministry of Environment (Climate and Wildlife) and EMA have come up with a Statutory Instrument (for that).”
Previously, the Environmental Management (Control of Alluvial Mining) Regulations, 2014, restricted alluvial mining activities near water bodies and required an Environmental Impact Assessment for any such projects.