adminLeonard Ncube Senior Court Reporter
A BULAWAYO High Court judge yesterday took a dig at gold panning saying the practice was sabotaging the economy and causing environmental degradation.Dismissing an appeal against sentence by 27-year-old Douglas Phiri of Esigodini who was last year sentenced to two years in jail for illegal gold panning, Justice Martin Makonese and Justice Lawrence Kamocha, agreeing, condemned the rampant practice.
“Gold panning and activities related to it are prevalent and sabotaging the economy. We cannot say there is special circumstance just because you were not found with the gold,” said Justice Makonese said.
He added: “Gold panning is sabotaging the economy and one cannot give an excuse of economic hardships because that is affecting everybody.”
Justice Kamocha concurred: “Panners are causing land degradation, which is a serious threat to our environment. The appellant was asked if he had anything in special circumstance and he said he had none resulting in the magistrate sentencing him to a mandatory two years in jail. His appeal is not supported in principle.”
Phiri was sentenced by Esigodini magistrate Lungile Ncube but challenged the sentence through his lawyer Tanaka Muganyi, of Dube-Banda, Nzarayapenga and Partners, who said the court blundered in failing to find special circumstances in that his client did not benefit from the activity.
Illegal gold mining attracts a mandatory prison term of two years and with Phiri’s appeal dismissed, he would start serving his jail sentence.
Nokuthaba Ngwenya from the Prosecutor General’s Office represented the state.
Online Reporter