NEW: Chinese firm stopped from mining along Angwa River

Nyore Madzianike

THE High Court has issued a significant ruling, ordering Chinese mining company Angel Hill Mining Private Limited to immediately halt its mining and desilting activities along Angwa River in Makonde District, Mashonaland West Province.

The ruling was made because the company failed to obtain an Environmental Impact Assessment (EIA) certificate from the Environmental Management Agency (EMA).

High Court judge, Justice Tawanda Chitapi, has set clear conditions for the mining company to resume its activities.

He ruled that the company can only continue its operations after it obtained the necessary EIA certificate and approval from EMA to mine in the area.

This decision, following the EMA director general’s application to the court, is a result of a thorough legal process.

The EMA director general requested an order to prohibit Angel Hill Mining from operating until it secured the requisite EIA certificate and permission from EMA.

In his application, the EMA director general argued that the Chinese company was operating illegally and should cease its activities until it received the proper authorisation.

Conversely, the Chinese firm contended that a High Court order permitted it to mine until June 2024.

In his ruling, Justice Chitapi emphasised the legal requirement for an Environmental Impact Assessment certificate.

He pointed out that the effects of the previous order expired after two years and that the law mandates such a certificate for the mining firm to conduct its activities lawfully.

“In my view, the applicant was entitled to the interdict he seeks because, as it stands, the respondent’s operations are being conducted outside the law,” Justice Chitapi stated, reaffirming the court’s role in upholding the law and ensuring that all operations are conducted within legal boundaries.

“The respondents did not demonstrate a lawful means by which their operations could proceed without the applicant’s approval by issuing an EIA permit or licence.

“The court cannot permit the continuation of an illegality if such illegality has been established.”