Mine owner fined

He was, however, given an option of a $100 fine.

 

Appearing before Mr Makamera Waini, Obert Shereni (age not given) pleaded guilty to contravening Section 97(2) of the Environmental Management Agency (EMA), Chapter 20: 27 which forbids operating without a valid EIA certificate.

For the State, Ms Silivaziso Mupome said on 1 August 2011 at 3 pm, and at Merlin Gold Mine, Village 24, Mushandike Resettlement in Masvingo, Shereni was found by Masvingo EMA’s environmental officer, Mr Tapiwa Nyambirai unlawfully operating a mine without a valid licence as required by the law. The court further heard that after EMA carried an inspection at the mine, they discovered that he was operating without a valid EIA certification as required in terms of the Act.

Shereni was issued with a ticket and he was supposed to pay a fine of $2 000 on or before 11 August 2011, but Shereni failed to make payment within the stipulated period leading to his arrest.

Shereni was contesting the $2 000 payment and giving his defence in court, he said he was not aware that he needed certification from EMA before starting his operations.

“My worship I did not know that I was supposed to get certification from EMA before commencing mining operations. However, I did not deny that I should pay the fine but I felt that the fine of $2 000 was too much considering that there is no public notice advising all miners to get the EMA certification,” said Shereni.

Delivering judgment, Mr Waini said the court had considered that the accused was a first offender and that a lesser sentence was more appropriate but in aggravation he noted with concern the rate at which environmental crimes were committed.

“The court has considered that you are a first offender and a lesser sentence is appropriate but with the rate at which crimes of such a nature are committed, you deserve a more deterrent sentence to send a clear message to would-be offenders. They should be made aware that operating a mine without EMA certification is a serious crime,” said Mr Waini.