ZHRC’s jurisdiction in this matter is derived from Section 243 (1) (d) of
a.
the Constitution of Zimbabwe. Complainants are entitled to the right to
an environment that is not harmful to their health or wellbeing as
enshrined in Section 73 (1) (a) of the Constitution.
4.
Methodology
In carrying out the investigations, the ZHRC employed a number of
methods which included desk research, individual interviews with
complainants, Chief Mazvihwa, Ward councillor, EMA official and the
District Environmental Health Officer. Correspondences and reports
from the respondent, EMA and the Ministry of Health and Child Care
(MoHCC) were also referred to in the investigation.
4.1.
Desktop Research
4.1.1. The ZHRC conducted legal research into the legal
framework
governing
human
rights
locally,
regionally and internationally. This was done in
order to identify and assess the human rights if any
that were violated by the alleged conduct of the
respondent Company. Use of relevant case law was
also pertinent in the research.
4.2.
Interviews
4.2.1. The ZHRC interviewed some of the complainants
after
it
had
respondents
secured
in
order
responses
to
make
from
a
the
balanced
assessment of the situation. Reports of consultants
who carried out an assessment of the levels of dust
emissions and the impact of blasting in Mazvihwa
community and those from EMA and the District
Environmental Health Officer were also made
reference to.
4.2.2. Interview guides were developed to facilitate
interviews with Complainants and Respondent.
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