The National Water Policy (2013) recognises the importance of protecting the environment as a water user:
The Environment is a legitimate and important user of water. Therefore sufficient quantity of water of adequate quality will be allocated to meet the requirements riverine an aquatic ecosystems, wildlife, wetlands, bird life and others, based on sound professional assessment. (p. 22)
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Sandy and Perkins (2000) theorised that environmental pollution is a type of structural violence, as people drink contaminated water which is detrimental to their health. Ill-health constrains victims’ economically productive tasks and reduces their self-esteem – a necessary ingredient of positive peace.The Environmental Management Agency (EMA) Act (2002) recognises the importance of the environment to the well-being of the people and Section 57 prohibits water pollution and provides that any person guilty of the latter should pay for the removal of poisonous substances or “pay third parties such reparation, cost of restoration, restitution or compensation as may be determined by court on application by such third parties”. Thus the Act moves from punitive justice towards restorative justice which seeks compensation for the offended. This is in sync with traditional conflict management systems which seeks to restore relationships between the conflicting parties.
Madebwe (2015, p. 109) posited that the Agency and police officers have been equipped and empowered to ensure that organisations or persons failing, or potentially failing, to comply with environmental laws or regulations are brought or returned to compliance or punished for their non-compliance through administrative or criminal action. Naome et al. (2012, p. 4) argued that the RDCs do not have the capacity to manage hazardous waste and pollution prevention. Ajusa (2003, p. 10) added that law enforcement agencies are thin on the ground, with limited resources to carry out any enforcement or policing of the various statutes.
Artisanal small scale mining along river channels in Zimbabwe has become a major environmental concern since the year 2000. The decline in agricultural production, frequent natural disasters and rapid economic decline have resulted in individuals turning to mining to alleviate poverty. In addition, mechanised alluvial mining has caused considerable pollution of river systems. There is widespread use of mercury and in some cases cyanide (through dump cyanidation) in the mineral processing, posing a serious threat to the health of communities that live downstream of these activities. This poses a health threat to people and livestock health. Statistics gleaned from RWIMS database shows that nationally, 242 461 households rely on shallow wells dug on the river sand. In Mashonaland West, 23 519 households use these shallow wells, 1 094 in Mhondoro-Ngezi and 222 in Ward 11. There are health risks to these households consuming water from shallow wells. In addition, there have been numerous cases of cattle dying after consuming water from dumb cyanidation process along Muzvezve River in Mhondoro-Ngezi.
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The Environmental Management Act (Chapter 20) prohibits mining activities within 30 metres of a water course, thus mining activities in the river are prohibited. However, due to corruption, mining companies are still being granted licenses to mine in the rivers. The Centre for Research and Development (CRD) (2014, p. 29) documented the case study of DTZ-OZGEO, a mining company which was issued with a special grant by the Ministry of Mines to mine in both the river and an extensive farming area, violating the government’s own environmental laws. The company which has been mining for over a decade was finally ordered to stop operations in Penhalonga by the EMA. However, the CRD interviewed company authorities soon after the granting of the order and realised that the measure was only temporary and mining activities would resume as soon as rehabilitation of mined areas has been completed.
A study by Centre Research and Development (2014, p. 29) showed that alluvial mining in the river disturbs the water source through sediment release and construction of impoundments that affect the natural flow of the river. The CRD investigated the Chinese mining companies (namely, Linefall investments and Kingfrost gold mining companies) who mined alluvial gold in Odzi River for over six months in 2013 without both water permits and approved Environmental Impact Assessment plans. People and livestock in Odzi and Arda Transau have suffered the downstream effects of these mining activities because hazardous substances and sludge were dumped into Odzi River. This river is the source of water for surrounding communities including about 4 500 relocated people at Arda Transau. Unlawful mining activities have increased siltation and livestock have died after drinking contaminated water from these river sources. Mining operations at Odzi reflect weaknesses in the Mines and Minerals Act that allows individuals and companies to carry out mining activities without clearance from other important stakeholders like communities, rural district councils, EMA and ZINWA with disastrous impacts to communities and the environment. Ajusa (2003) argued that mining developments and activities in Zimbabwe are characterised by profit motives at the expense of environmental protection. They therefore operate at the expense of the health of the local communities.
The National Water Policy conclusively adds:
Pollution of water is harmful to the environment and water users and it reduces the quantity of water available for use. All water users have a responsibility for protecting water sources and for the quality of water they return to the system …
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Society, through the state, has a right to hold repeat offenders … to account for their actions or negligence through prosecution. (p. 22)
Crisis Coalition in Zimbabwe (2009) reiterated that the polluter pays principle needs to be strengthened to include real deterrence and real incentives not to pollute. Without real deterrence, companies and individuals will continue to pollute.
4. 10 Summary
This chapter has described the water policies and regulation as they are administered in rural Zimbabwe. It traced the history of the structural violence of exclusion to water access from the colonial period to the present. Although the government instituted water sector reforms to bring about more equitable distribution of water, the institutions that were created by the new legislation perpetuated structural violence. The Catchment and Sub-Catchment councils are dominated by elite commercial farmers and industrialists. Therefore, the right to water in Zimbabwe is only for primary use; the rest is for sale, and often the productive capacities of the poor rural populations are neglected. To remedy this and bring positive peace, some dam projects have been undertaken and irrigation has been developed around these dams. However, dam sites have become a new source of conflict between the communities who are displaced and often settled far away from these sites and the government. Gender inequity is also problematic in sub-catchment councils, as few women are involved in these decision-making bodies. The policies are facing implementation gaps as more companies are polluting water, giving rise to waterborne diseases. The companies face limited sanctions from the government, because they possess economic power and in most cases, they are linked to powerful political elites.
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