Residents sue RioZim over damaged houses

RIO ZIM Limited has been taken to the High Court by 32 Kadoma residents who are seeking an interdict to stop it from blasting closer to their houses, saying this had caused structural damage to some of the properties.

The residents, through their lawyers Paida Saurombe, Tinashe Chinopfukutwa and Idarashe Chikomba of Zimbabwe Lawyers for Human Rights, filed an application at the High Court on March 10 seeking to interdict the miner from blasting at its Cam and Motor Mine in Kadoma.

They sought an order compelling the mine to relocate them to safer and cleaner places, which have amenities of similar value.

The residents also sought an order compelling Rio Zim to compensate for the damages after valuation by a mutually agreed property valuer.

In their founding affidavit, the residents told the court that in 2016, Rio Zim, which inherited Cam and Motor Mine from Rio Tinto Mine, contemplated opening an open cast gold mine at the mine which had hitherto not been utilised to extract minerals.

"Pursuant to that, the respondent's representatives made several engagements with the residents of Eiffel Flats, the respondent undertook to relocate us to another residential area which would not be adversely affected by the respondent's mining activities before it could start operations at the Cam and Motor Mine open cast gold mine," read the affidavit.

"Pursuant to its undertaking, the respondent indicated that the relocation was going to be actualised in three stages. However, in breach of its undertaking to us, the respondent suddenly started mining operations at the Cam and Motor open cast gold mine without relocating us or even partaking in the first phase. To the best of my knowledge, the respondent only made a halfhearted attempt by only relocating the hospital and one other house in Eiffel Flats.

"From the year 2016 and up to about October 2020, the respondent has been carrying out blasting activities at its Cam and Motor open cast gold mine, which is located some metres away from our Eiffel Flats and the Parktown residential areas."

"Even more crucial to note is the fact that the respondent asks us to leave the comfort of our homes simply because it wants to carry out its blasting activities, notwithstanding the fact that we purchased the houses in question and we are entitled to undisturbed use, possession and enjoyment of same."

The residents said the blasting had caused structural damage on some houses, adding that residents were exposed to respiratory diseases due to air pollution.

On May 30, 2016, the lawyers, on behalf of Eiffel Flats residents, wrote to Mashonaland West provincial mining director and chief mining engineer complaining over the matter, but got no response.