for the mining industry to generate further much-needed revenue for Zimbabwe.12 Many in
the local community initially viewed the discovery as a godsend that would cushion them
from Zimbabwe’s increasingly harsh economic crisis.13
Initially, the government’s plan was for the Marange fields to be developed privately. From
March 2002 to March 2006, Kimberlitic Searches, a subsidiary of South African diamond
conglomerate De Beers Company, operated under two “Exclusive Prospecting Orders” (EPO
1520 and 1523) from the government of Zimbabwe, granting it full exploration rights to
search for minerals in the Marange communal area.14 The exploration certificates expired on
March 28, 2006, and De Beers did not renew them.15 After Kimberlitic Searches ended its
operations, a United Kingdom-registered company, African Consolidated Resources (ACR),
through its four Zimbabwean subsidiaries, registered exploration claims over Marange
diamond fields with relevant authorities.16 The claims gave ACR exclusive rights to explore
and search for diamonds and other precious stones in Marange district.
At the time that Marange diamonds were discovered in June 2006, ownership of exploration
rights over Marange diamond fields was vested in ACR. But the government moved quickly to
“cancel” ACR’s legal title and rights on the grounds that they had been improperly conferred
to ACR in the first place. Police forcibly removed and barred ACR staff from accessing the
diamond fields despite a magistrate’s order directing the police not to interfere with ACR
rights and operations.17
The minister of mines, Amos Midzi, then granted exclusive mining and exploration rights in
Marange to a state-owned company, the Zimbabwe Mining Development Corporation
(ZMDC).18 Zimbabwean authorities explained that the purpose of granting the ZMDC
prospecting and mining rights was to restore order to Marange following the diamond rush
12
John Welford, “The History of diamond mining in Zimbabwe,” Helium, http://www.helium.com/items/1337536-diamondmining-in-zimbabwe-southern-africa (accessed March 29, 2009).
13
Human Rights Watch interview with local community leader M.C., Marange, February 20, 2009.
14
Statement by Assistant Mining Commissioner Isaac Ruswa, African Consolidated Resources Plc and others v. Minister of
Mines and Mining Development and others, Case No. HC 6411/2007, November 26, 2007, on file with Human Rights Watch.
15
Ibid.
16
Ibid.
17
Human Rights Watch interview with Jonathan Samkange, ACR lawyer, Harare, February 13, 2009. Human Rights Watch has a
copy of the magistrate’s order on file.
18
“ZMDC needs foreign investors,” The Herald (Zimbabwe), March 30, 2009. See also “Chiadzwa yields 50,000 carats per
week”, The Zimbabwe Times, March 25, 2009, http://www.thezimbabwetimes.com/?p=13982 (accessed on March 31, 2009).
Statement by Assistant Mining Commissioner Isaac Ruswa, ACR et al v. Minister of Mines and Mining Development et al.
November 26, 2007.
13
Human Rights Watch | June 2009
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