Lithium mines in Zimbabwe’s communal areas deprive people of their land rights, grazing land and water. Photo: Madelene Cronjé
The rise in demand for lithium to meet the production of batteries for electric cars and batteries for household solar use has come with a myriad problems. A number of lithium mines are located in Zimbabwe’s communal areas. The Mandihongola mine in Gwanda, the Sandawana lithium mine in Mberengwa district and the Arcadia lithium mine in Goromonzi district are all located in communal areas.
The president has the power to expropriate any land for extractive activities in terms of section 324 of the present Mines and Minerals Act. Applying this law to the present lithium deposits classified as critical minerals is rather complicated because the state has transferred exclusive rights to Chinese-owned companies to mine critical minerals.
In some cases, the lithium rock in Gwanda district is also found in nearby settlements in communal areas such as Garanyemba. Five to eight generations of people have lived in these communal rural areas and their future is at risk. There is a high possibility that already scarce water and grazing will be under threat from the lithium mining activities.
A number of indigenous rights holders are deprived of scarce grazing land to accommodate mining interests and there is zero or inadequate compensation for those who reside on this land.
In a clash of interests, international human rights law comes into the picture despite there being no explicit meaning of the right to land in international law. Rural district councils do have the power to manage the use of land and powers seemingly overriding the traditional chiefs and headmen’s powers over the land. It is unclear what role the Rural District Council plays in stopping any activities that might, in the long run, overstep the rights of indigenous people.
The state, through its agencies such as the ministry of mines and the Environmental Management Agency has not been clear on the negative effects of lithium mining.
Seeing that communities are not benefiting from anything save for the manual jobs whose salaries only meet the bare minimum of people’s needs, it is important that grazing and water interests are clearly protected
A balance needs to be struck between mining companies seeking rights to extract minerals and indigenous people on whose land the minerals are found.
Communities such as those of Mandihongola are raising concerns regarding mining on their land. The Chinese mining company undertaking activities of lithium extraction and processing, which is reported to be about 1000 tonnes a day, is using the scarce water sources and emitting the lithium processing residue into the dam from which the cattle drink. In a community where livestock are a source of livelihood and wealth, no balance of interests has been taken into account.
There are no official statements from the Environmental Management Agency that inspections of these lithium mines have been done to ensure communities’ grazing and water rights are protected. Neither have there been official statements by the minister of environment, climate and tourism.
The worrying silence on the relevant players in government is a deep concern as to whether the interests of the villagers are being taken into account. Perhaps only when disaster strikes will the relevant ministries and other state agencies take such concerns seriously.
The nation is battling with land degradation and water pollution from mercury and cyanide caused by artisanal miners and bigger mining companies processing gold, which is polluting water sources. Some streams and rivers feed dams that supply water for use by urban councils.
Legislation is in place for the penalties that mining companies face should they cause pollution to sources of water. For instance, section 57(1) of the Environmental Management Act imposes a fine of up to US$5000 or imprisonment not exceeding five years for any recklessness polluting water sources and damaging the environment. Rural communities do not have the capacity to stop mining companies from doing as they please
Furthermore, there are no clear plans for the rehabilitation of lithium mines.
We cannot afford to sit back and turn a blind eye to any mining activities on communal land where the rights and livelihoods of people are trampled on.
Hoitsimolimo Mutlokwa is a post doctoral researcher at the Centre for Labour Law in the Faculty of Law at the University of the Free State.