Chiadzwa Community Activist Removed from Remand

On the 11th of May 2011, Mr. Malvern Mudiwa the acting Chairman of Chiadzwa Community Development Trust (CCDT) was removed from remand by the Mutare Magistrates Court after the state had failed to put him on trial. Mr. Mudiwa was facing criminal charges in terms of Section 46 of the Criminal Law (Codification and Reform) (Chapter 9:23) Act of causing criminal nuisance for advising the people of Marange to demand for compensation before they are relocated to Arda Transau Farm by diamond mining companies (Mbada and Anjin). The mining companies are relocating people to enable them to prospect and mine diamonds in Marange alluvial diamond fields. However, the state had no evidence, hence the case was withdrawn before plea. Nevertheless, it is critical to note that although Mr. Mudiwa was removed from remand the state may decide to proceed by way of summons and bring him to court for trial if they have any new evidence. Mr. Mudiwa was represented by Mr. Passmore Nyakureba of Maunga Maanda and Associates as instructed by the Zimbabwe Environmental Law Association (ZELA). The case reference is State v Malvern Mudiwa CRB 3750/10.

While, the removal from remand by the magistrates court was welcome, the criminal charges that were being faced by Mr. Mudiwa clearly illustrates the challenges human rights defenders and community activists face in trying to defend the rights of poor rural communities against violations of their environmental, economic, social and cultural rights by mining companies and the state. In addition, the case shows how far the state can go to try and scare community activists and civil society from calling for transparency and accountability in the diamond mining sector which has been plagued by allegations of secrecy and corruption. So far more than 250 families have been relocated without any compensation except $1000 called a disturbance allowance, groceries for one month and a three-roomed house for each family.