UK firm wins court claim to Marange diamond fields

By Lance Guma
29 September 2009

Last Thursday the High Court ruled that a UK based firm, African Consolidated Resources (ARC), is the legal owner of the Marange diamond fields, controversially taken over by the army. The company posted a statement on its website announcing the court victory, saying: ‘Full details of the judgment are awaited pending the publication of the transcript and further announcements will be made as necessary’.

In October 2006 ARC was kicked out by the state-owned Zimbabwe Mining Development Corporation, one year after securing the claim. It soon became clear the military was now in charge when they began an operation to crack down on illegal diamond miners. Hundreds of panners were murdered in brutal raids launched by the army and police using helicopter gunships.

ARC sounded conciliatory in victory saying it had, ‘attempted to work with all elements of the Zimbabwe government in order to agree a joint venture with the Zimbabwe government or parties nominated by them. Following the group’s success in the Zimbabwe High Court the group remains committed to dialogue with the Zimbabwe government’. It remains to be seen how the government will respond to the legal ruling.

Meanwhile several human rights groups have slammed the involvement of the army at the Marange diamond fields. In June this year Human Rights Watch released a report which highlighted abuses by the army in the area. It noted the use of forced labour, involving both children and adults, and said villagers continue to be beaten and tortured by the army. Following its investigations the group said over 200 people had been killed by the army in the area.

This month Prime Minister Morgan Tsvangirai called for an investigation into the abuses that took place at Marange. Addressing a two-day Mining Indaba in Harare he said the tragedies that took place in Marange and elsewhere cannot be repeated. But analysts say the problem with his position is that his MDC party remains in a coalition with ZANU PF who have already made it clear ‘a leopard will never change its spots,’ and have no interest in respecting human rights or loosening their grip on power.