Online Reporter
Fungai Lupande
Mashonaland Central Bureau
A 26-YEAR-OLD artisanal miner has died in an underground incident at Phoenix Prince Mine, popularly known as Kitsiyatota, in Bindura amid allegations of defiance of Government safety orders meant to protect lives.
Tinashe Chauke is suspected to have suffocated while descending into the shaft in the early hours of Thursday.
His colleagues reportedly only sensed danger when the winch rope suddenly became heavy.
By the time they pulled him back to the surface around 6am, he was dead.
His body was retrieved from a shaft reportedly under the control of Ms Evelyn Mhlanga, in-house legal counsel for Botha Gold Mine.
The tragedy comes amid indications that operations at the site had already been formally suspended.
On April 8, Provincial Mining Engineer Eugene Gota ordered an immediate halt to all mining and related activities at Botha Mine and within the affected area of Mining Lease 21.
The directive, issued under the Mining (Management and Safety) Regulations, 1990, cited “immediate and unacceptable risks to life” and stated no operations could resume without written authorisation.
In a separate move, the Environmental Management Agency also ordered a shutdown of operations for failure to obtain an Environmental Impact Assessment certificate.
Despite these directives, mining is alleged to have continued illegally at Phoenix Prince Mine, which lies within Mining Lease 21 held by Freda Rebecca Gold Mine, which is under Kuvimba Mining.
The death has raised possible culpable homicide concerns.
Under Section 49 of the Criminal Law (Codification and Reform) Act, liability may arise where death results from a negligent failure to fulfil a legal duty.
Two possible lines of liability are emerging.
There is potential personal liability if it is established that the shaft was being controlled despite the suspension order, amounting to a possible negligent breach of duty of care.
There are also allegations of possible corporate liability, amid claims that Botha Gold Mine directors encouraged artisanal miners to continue operating despite the ban.
Under Section 277 of the Criminal Law Code, companies and their officers can be held criminally liable for offences committed with their consent or instruction.
A confidential report has reportedly been submitted to Zimbabwe Republic Police in Bindura requesting a full criminal investigation.
Defying a mining safety order issued under Statutory Instrument 109 of 1990, as well as breaching an EMA directive, are both criminal offences.
Police in Bindura confirmed investigations are ongoing and said post-mortem results will determine the exact cause of death.
