out an investigation and came up with a report. ZHRC was furnished with the report whose findings were as follows; 5.8.1. The affected Baradzanwa Primary School is approximately 5 kilometers from the mine and the school headmaster Mr E Mpofu denied ever having school children hospitalised. 5.8.2. The blastings are normally done at 17:00 hours by which time school children would have gone home. 5.8.3. The alleged dust and smell emanating therefrom affects mainly school children. 5.8.4. Smells from the blastings can be detected 5 kilometers away. 5.8.5. There was a bout of flue that occured some time in 2012 but community members think that it was caused by dust from the mine. 5.8.6. Discussion with the ward councillor Mr Mvuto corroborated the claims . 5.8.7. On a health viewpoint, the mining activities are not a threat to the health of the community as claimed. 5.9. The EMA District Environmental Officer’s Submissions ZHRC conducted an interview with the Zvishavane District Environmental Officer who pointed out that they carried out a snap survey on air pollution in Mazvihwa in 2014 and they found out that the dust emissions were within the permissible levels that cannot be harmful to people and the environment. She further pointed out that there were no records to confirm that any person or school children were hospitalised due to exposure to dust from the mine or diagnosed of dust related ailments. The ZHRC was furnished with EMA’s inspection report. 6. Applicable law 6.1. Constitutional Framework In terms of the Constitution of Zimbabwe Amendment (No.20) Act, 2013, (herein after referred to as the Constitution). Section 73 (1) thereof provides that every person has a right to; Page 8 of 15