When development disregards fundamental rights and the law: The case of the Hurungwe cement plant

The ZLHR further contends that the proposed cement plant project failed to comply with the Environmental Management Act and the Zimbabwe National Water Authority Act thus posing a huge threat to villagers’ fundamental rights enshrined in the constitution.

According to villagers who now face eviction as a result of the proposed cement plant project, consultations ahead of the land allocation to Lebanmon Investments were held in Chinhoyi, which is located about 120 kilometres from their area.
The affected villagers  only became aware of the issuance of the EIA certificate through a newspaper article.

According to EMA, “the project was issued an EIA Certificate in accordance with the Environmental Management Act (CAP 20:27), as read with Statutory Instrument 7 of 2007” and the EIA report had documentation of public consultations with both the affected and interested parties.

However, the EMA Spokesperson, Amkela Sidange also confirmed that “the project in question faced non-compliance to the terms and conditions outlined in the Environmental Impact Assessment Certificate thus resulting in litigation being instituted”.

Due to concerns over violation of their rights by the Chinese firm, villagers, represented by the ZLHR approached the High Court in Chinhoyi seeking an order barring Labenmon Investments from setting up their cement plant in their grazing area and argued that the Chinese firm had not compensated or relocated them from their ancestral land.

The villagers also raised concern over the manner in which EMA conducted its Environmental Impact Assessment.

The High Court in February this year  barred Labenmon Investments from expanding its project into the grazing area owned by villagers from Chasara and Kapere villages.

The court order also prohibited the Chinese firm from continuing operations pending the outcome of investigations on the breach of the EIA certificate. Before the issuance of the High Court order, villagers had sought the intervention of Parliament on the issue.

In direct disregard of the High Court order, Labenmon Investments continued with its operations and a series of human rights violations were reported as affected villagers continued to resist the company’s operations which are in contempt of the law.

Interviewed villagers confirmed the rights violations and alleged that Labenmon Investments was “enjoying protection from the local police”.

“Human rights violations have become rampant since the Chinese came here. We have recorded cases of arbitrary arrests, displacements and physical abuse of villagers for resisting encroachment into their fields and grazing areas. Of major concern is that we are failing to get justice as the local police are siding with the Chinese. The police have chosen to ignore our concerns but they are swift to act whenever the Chinese lodge a complaint against local villagers,” said a concerned villager.

Another villager said, “Its quite disheartening when development comes with costs for our fundamental rights. Since the Chinese came here, we have been treated as slaves and our genuine concerns continue to be ignored. A genuine investment must follow the proper processes such as consultation and compensation of affected communities but that has not been the case here. You just wake up to find out that you have been dispossessed of your land and any attempt to defend your ancestral land attracts punishment. One of our major concerns is the pollution of our water source which poses a major threat to our health.”

A visit to Kemureza Dam revealed serious pollution of the water source with villagers expressing concerns about their health.

Zimbabwe Human Rights Commission confirms rights violations.

The Zimbabwe Human Rights Commission (ZHRC) was alerted of the pollution of the water source during an interview with a representative from the Zimbabwe National Water Authority (ZINWA).

“There had also been reports that muddied water recently came out of the taps in Magunje. ZINWA had to go and raise the inlet point of the dam to get less muddied water, which is an indicator of siltation. So two concerns arose in this regard, which are the fact that siltation will occur and the fact that the water quality will be affected. ZINWA had also previously challenged the location of the cement plant,” read a report from the ZHRC.

Following concerted efforts by affected villagers to protect their constitutional rights, the ZHRC in March conducted an investigation into the reported rights violations in the area.

The ZHRC investigation focused on violation of fundamental rights that include environmental rights, freedom from arbitrary eviction, right of access to information, right to administrative justice and the right to property.

The Commission conducted interviews with affected villagers, the traditional leadership, the Zimbabwe Republic Police (ZRP), officials from Hurungwe Rural District Council, the EMA and the Secretary for Provincial Affairs and Devolution (Mashonaland West).The report exposed serious flaws in the allocation of the land to the Chinese firm, violation of the villagers’ constitutional rights and a deliberate attempt by politicians to mislead communities regarding the project.

“In December 2023, a helicopter landed in the field in Ward 11 out of the blue. Since this was not a usual occurrence in the rural areas, people rushed from all over to see what was going on. On arrival at the site, they realised that the occupants of the helicopter were Chinese people together with the ZANU PF District Chairperson, Mr Ziko and some members of Parliament. When they saw the community gathering around them, the Members of Parliament began to explain that they had brought investors with a wonderful development opportunity to Magunje which would create jobs. Initially, on hearing this good news, everyone was excited  and they welcomed the visitors as they awaited further meetings for in-depth explanations and consultations.

“The Chinese then applied to Hurungwe Rural District Council for land and on 24 January 2024, they were awarded 50 hectares of land in Magunje Growth Point, close to the Grain marketing Board. This is the known and designated industrial zone in the area. However the company did not take up this offer and instead approached Chief Chanetsa for an alternative area from which to operate. The younger Chief Chanetsa (son to Chief Chanetsa) then came with the Chinese for them to pick out from his area where they would prefer to work. Ultimately, the land in which the complainant’s communal fields were housed was chosen. It also happens to be located upstream of Magunje Dam, 1.5 km away from the dam,’ read the ZHRC report.

The report noted that the Chinese firm began pegging its boundaries before the affected villagers “had been served with any documentation nor afforded consultations” marking the beginning of a serious dispute.

“The Kapere and Chasara villagers heard through rumours that there was a consultative meeting with other village heads that was held concerning these developments but to their surprise, they were never invited to these consultative meetings and yet they were the people who would be significantly affected by this development. The District Development Coordinator- Hurungwe District noticed the anomaly and noted that it needed to be rectified. This was never done.

“Afer a while, the villagers in Ward 11 began to question why Chief Chanetsa was the one to have granted the land to the Chinese when to their knowledge, Ward 11 had always traditionally belonged to Chief Nematombo. On 17 July 2024 at 8pm in the evening, villagers close to the site of the cement plant saw lorries coming into the village and some of the men went to  investigate what was going on. On arrival they found men offloading bricks at the site and asked them what this was about. These investigating villagers were informed that they were trespassing on private property and they were reported to the police. They were arrested and taken to Magunje Police Station that very evening,” read the ZHRC report.

The report confirmed that villagers’ source of livelihoods were also destroyed as the Chinese firm continued to invade their farming land with impunity.
Attempts by the villagers to resist the Chinese operations were met with brute force. This included the incarceration of a woman with her 3 year old child and another partially blind female villager.

“On another separate occasion in Chasara village, women had their gardens where they planted vegetables and legumes all year round. These gardens were burnt down without warning to make room for the cement plant. The women asked for paperwork authorising this but none was produced. The villagers then congregated at the site where poles had now been erected to barricade that area. They were singing in protest and demanding an audience.

The police were immediately notified and three women who were identified by the company’s guard were arrested for malicious damage to property and spent three nights in police cells before going for their initial appearance at Karoi magistrates Court. One of the three women had a 3 year old child who was also held in the police cells with her during this time. The other woman who was partially blind needed constant assistance during this time . No food nor blankets were provided,” read the report.

The report from the ZHRC also confirmed the continued violation of a High Court order directing Labenmon Investments to halt operations. The ZHRC also expressed concern over the disregard of the villagers’ fundamental rights.

“In summary, the investigation highlights significant concerns regarding land use, community participation, environmental protection and adherence to legal and procedural standards in the establishment of the cement plant,” noted the ZHRC.

The Commission expressed concern that villagers’ rights to proper consultation, fair compensation and environmental safeguards “appear to have been overlooked or inadequately addressed”.

“To promote sustainable development that respects community rights and environmental integrity, it is essential for authorities and stakeholders to strengthen transparency, ensure inclusive engagement  and rigorously enforce environmental and land use regulations,” noted the ZHRC.

As part of its recommendations, the ZHRC directed the Ministry of Local Government and Public Works to issue a moratorium directing the Chinese firm to halt any further operations until administrative action recommended to the Hurungwe Rural District Council and the private company have been implemented.

The ZHRC report, which confirmed non-consultation of local villagers prior to the setting up of the cement plant project, directed the Minister of State for Provincial Affairs and Devolution (Mashonaland West) to facilitate community consultations “and ensure that the voices of local residents are heard regarding the proposed cement plant. The Hurungwe Rural District Council was also mandated to enhance communication with communities on the proposed cement plant.

The Commission also confirmed the violation of the condition to compensate and relocate affected villagers

As a confirmation of the continued violation of the High Court order by Labenmon Investments, the ZHRC directed the ZRP to “enforce the provisions order under Case No. HCCC15/25” which directs the Chinese firm to halt operations until all grievances are addressed.

Police Spokesperson for Mashonaland West, Inspector Ian Kohwera said he was not in a position to comment on the matter.

“I cannot comment on that,” he said.

Hurungwe Rural District Council Chairperson, Mary Mliswa said she was not in a position to speak on the issue when reached for a comment.

The Centre for Natural Resource Governance (CNRG) has also documented reports of rampant human rights violations in the area.

“Following growing distress calls from the community, CNRG visited the area and documented overwhelming evidence of land dispossession, intimidation, pollution and labour exploitation in the name of clean energy and development. The community is disgruntled whilst government officials in the area display extreme indifference to the public concerns.

These abuses are not isolated. They reflect a wider pattern of corporate impunity, enabled by weak regulatory oversight and elite collusion. The use of fear and repression and criminal abuse of office by senior government officials when advancing their narrow, partisan interests is causing distress among rural communities throughout Zimbabwe,” read a report from CNRG.

In July, the Secretary for Presidential Affairs, Tafadzwa Muguti warned Chinese investors against environmental crimes and failure to respect the country’s values.

He is also on record imploring Labenmon Investments to follow due procedure on its cement plant project.

Muguti slammed EMA for issuing an EIA to Labenmon Investments without verifying its ownership of the land earmarked for the cement plant project. The move by EMA, according to Muguti, constituted a breach of environmental regulations and investment protocols.

He also expressed concern over pollution of Kemureza Dam saying this was a serious breach of the fundamental right to water for the people of Magunje.

Going forward, he said there was a need to rethink the project and ensure due process is followed while considering the concerns of the Magunje villagers.

The Parliament of Zimbabwe has come under attack for failing to effectively deal with rights violations by Chinese mining companies.

The complicit nature of the traditional and local leadership

Villagers blame the traditional leadership for conniving with the Chinese firm in the unprocedural land allocation.

Of major concern is the issue of Chief Chanetsa allocating the Chinese land in an area outside of his jurisdiction. In May last year, Chief Chanetsa directed the Chief Executive Officer of Hurungwe Rural District Council to allocate 135 hectares of land to the Chinese firm in his “capacity as the Chief responsible for the area”. He said that the project will boost development in the area.

However, the area falls under the jurisdiction of Chief Nematombo who has since challenged the land allocation to the Chinese by Chief Chanetsa. Sources claim Chief Chanetsa connived with other village heads to issue the land to the Chinese firm.

In July last year, Chief Nematombo wrote a letter to the Director General of EMA, Aaron Chigona expressing concern that Chief Chanetsa allocated land to the Chinese firm in an area outside of his jurisdiction and without consulting affected villagers. He claimed that he was dismissed from a full council meeting after he had tried to raise the issue.
He added that he was concerned about his subjects’ food security due to displacements.

Chief Chanetsa however contends that the allocation of the land to the Chinese firm was above board adding that the area falls under his jurisdiction. He said there is a pending court case of chieftainship boundaries between himself and Chief Nematombo.

He has also denied reports of human rights violations contending that there is mutual co-existence between villagers and the Chinese; a claim that is in stark contrast to the reality on the ground.

“Everything related to this project was done above board and there is mutual co-existence between the Chinese firm and the villagers who were consulted before implementation of the project. Reports of rights violations are false,” he said in direct contrast to events occurring on the ground.

An Environmental expert based in Karoi blamed corruption and non-consultation of villagers for the direct disregard of villagers’ fundamental rights by the Chinese.

“The Chinese operate with so much impunity because they capture political elites and the traditional leadership through bribes, and that is why they have the power to disregard fundamental rights and put their interests first. It is quite unfortunate that when our political leaders receive kickbacks, they choose to disregard the need to protect the environment and ensure environmental sustainability. The fact remains that the cement project poses a major threat to sustainable development in the area but it should also be noted that villagers are not against development but that they are calling for sustainable development and that they should be consulted as affected communities,” said the environmental expert on condition of anonymity.

In their letters of complaint to various duty bearers, villagers from Kapere and Chasara villages are on record saying they are not against development in their area and contend that the Chinese cement plant project must seek to consider the basic tenets of sustainable development.

Political analyst, Rashwet Mukundu blamed corruption and political interference for the continued violation of environmental and other fundamental rights by the Chinese.

“The first problem on this matter is actually the Zimbabwean government and agencies like EMA and others and then secondly its the lack of ethical business practices and this can only stop when Zimbabweans adhere to the environmental laws that they have put in place and allow our agencies to work independently and rout out corruption in the agencies. The huge challenge is ourselves in terms of our greediness and lack of consideration for national resources and our environment and everyone takes advantage of the laxity to do as they please,” said Mukundu.

On October 5, 2025 villagers breathed a huge sigh of relief after the High Court imposed a $3 000 fine on Labenmon Investments for contempt of court after finding the firm guilty of failing to abide by conditions set out in its February ruling.

The company was ordered to seize operations until all affected stakeholders are consulted and adequately compensated.

Villagers however reported that the Chinese firm continues to use its political influence to defy the High Court order and has continued with its operations in direct disregard of the law and citizens’ fundamental rights enshrined in the constitution.

The representative for Labenmon Investments, who is also the ZANU PF losing parliamentary candidate for Chinhoyi constituency in the 2023 elections, Thomas Chidzomba went ballistic when asked about the issue of rights violations and defiance of the High Court order by the Chinese firm.

“You sound more of an opposition activist than a journalist. I do not want to talk to you,” he said.

Affected villagers left to fight their own battle

No comment could be obtained from the ZHRC by the time of going to print but a source from the Commission confirmed that the matter was “a politically sensitive one which makes it difficult for corrective action to be undertaken”.

This also explains the continued violation of the High Court order for Labenmon Investments to halt its operations, according to the source.

Human rights groups say there is a need for policies aimed at balancing between development and the need to protect citizens’ fundamental rights.

The Zimbabwe Union of Residents and Ratepayers Association (ZURRA) Spokesperson, Marvelous Kumalo said;” Zimbabwe Union of Residents and Ratepayers Association (ZURRA) Spokesperson, Marvelous Kumalo said, “We are deeply concerned with the lack of balance between development and the observance of community rights especially land and property rights within our communities. What we have noticed is that corporate and political interests are being prioritised over community rights. Most communities are losing their ancestral land especially to the Chinese who are grabbing land for mineral exploitation.

As they exploit Zimbabwe’s minerals, they are causing environmental degradation and leaving communities poorer than before. We have also recorded serious violations of human rights and this is a worrying trend that we are witnessing around the country. Central government must push for policies to ensure a balance between development and respect for human rights.”

Kumalo said public interest litigation remains key in fighting for respect of the villagers’ fundamental rights.