Interogating the application of criminal sanctions in the enforcement of mining law in Zimbabwe

Abstract

The grounds for determination which inspired this research was the need to make a critical analysis on the effectiveness of the use of criminal sanctions to enforce mining law in Zimbabwe. The two main objectives under consideration are, first, whether nature and characteristics of the criminal sanctions legal regime in Zimbabwe are effective in enforcing mining law and, if not, whether civil remedies can be applied effectively as complementary alternative enforcement tools. Secondly, the thesis considers ways in which the use of criminal sanctions and civil remedies can be made more effective in the enforcement of mining law in Zimbabwe. In determining the purpose of criminal sanctions in enforcing mining law and establishing an effective criminal justice system, it is concluded that the main aim is deterrence. This raises a question of whether deterrence can adequately be achieved through use of criminal sanctions only. A critical examination of the mining law in Zimbabwe shows an overwhelming reliance on criminal sanctions as compared to civil remedies., with criminal sanctions being used in almost all cases as the primary enforcement mechanism. It is argued that there are many challenges associated with the use of criminal law that weakens its use as the default enforcement mechanism and the conclusion reached is that they should be the use of civil remedies as complementary and alternative remedies where criminal sanctions fall short. The study examines several viable alternatives to criminal sanctions, both administrative and civil, and makes recommendations as to how these can be improved and used effectively to complement criminal sanctions for effectiveness. In conclusion, the focus was on the challenges affecting the use of criminal sanctions and how these challenges can be improved to ensure efficiency. Recommendations have been suggested to improve the existing criminal sanctions in enforcing mining law in Zimbabwe.