Zimbabwe Miners were shocked when a Harare Magistrate sentenced a 49-year-old Kariba woman to five years in Prison for the illegal possession of emeralds worth US$3 015,60.
Rutendo Moyo was arrested on Saturday last week.
Moyo, who was self-actor, pleaded guilty to the charge and was sentenced to the mandatory five years by Harare magistrate Ruth Moyo.
The court heard that on July 1 this year, detectives from CID Minerals Flora and Fauna Unit in Harare received a tip-off from an unknown person that Moyo was in possession of emeralds.
Moyo was arrested while walking along Samora Michael Avenue after the detectives approached her and asked her to hand over a black satchel and a small dark blue handbag she was carrying.
The court heard that the detectives recovered four pieces of emeralds from her.
Many were not aware of the law that prohibits the possession of Emeralds. Last year the Centre for Natural Resources Governance (CNRG) released a report titled “The Political Economy of the Illicit Coloured Gemstone Industry in Zimbabwe”, supported by the Global Initiative Against Transnational Organised Crime.
The research looked at coloured gemstones, mainly emeralds and “semi-precious” coloured stones like aquamarine, chrysoberyl, tourmaline, alexandrite and euclase.
“A lot of focus has been on diamonds and gold, as precious minerals, while severe illicit trading in and smuggling of coloured gemstones has been going unchecked. Organised crime in the gemstone sector is bleeding the sector of millions of dollars that should support social development in Zimbabwe,” reads the report in part.
The report seemed to indicate that whilst illegal, the mining and smuggling of Emeralds was taking place in the country.
Here is what the law says on the possession of Emeralds in Zimbabwe.
CHAPTER 21:06 PRECIOUS STONES TRADE ACT Acts 8/1978, 1/1982, 22/2001 (s. 4), 10/2007.
The Law on Emerald Possession in Zimbabwe
Zimbabwe in 2007 amended the Mines and Minerals Act to curb the smuggling of precious stones, especially diamonds and emeralds, and plug loopholes in the trade of the stones. The Act imposes custodial sentences for illegally dealing in or possessing precious stones.
Unlawful dealing in or possession of precious stones prohibited
(1) Except as provided in this Act, no person shall deal in or possess precious stones unless he is— (a) a licensed dealer; or
(b) a permit holder; or
(c) the holder of a mining location or a tributor who has lawfully recovered such precious stones in terms of any enactment; or
(d) the employee or agent of any person referred to in paragraph (a), (b) or (c) who is authorized by his employer or principal to deal in or possess on his behalf precious stones; and deals in or possesses the precious stones in accordance with this Act.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and, on conviction, shall be sentenced to imprisonment for a period of not less than five years and, in addition, be liable to a fine of any amount up to or exceeding level fourteen, unless the convicted person satisfies the court that there are special reasons in the particular case, which reasons shall be recorded by the court, why such a sentence should not be imposed, in which event he or she shall be liable to a fine of any amount up to or exceeding level fourteen or imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
[Subsection substituted by section 3of Act No. 10 of 2007]
(3) Notwithstanding anything contained in the Magistrates Court Act [Chapter 7:10] or any other enactment—
(a) a court of a provincial or senior magistrate shall have special jurisdiction, on summary trial or on remittal by the Attorney-General of the case for trial or sentence, to impose imprisonment for a period not exceeding five years and a fine of any amount up to or exceeding any amount up to or exceeding level fourteen;
[Paragraph as amended by section 4 of Act No. 22 of 2001 and section 3 of Act No. 10 of 2007]
(b) a court of a magistrate other than a regional, provincial or senior magistrate shall have special jurisdiction, on summary trial or on remittal by the Attorney-General of the case for trial or sentence, to impose imprisonment for a period not exceeding three years and a fine of any amount up to or exceeding level fourteen; in respect of a contravention of subsection (1).
[Paragraph as amended by section 4 of Act No. 22 of 2001 and section 3 of Act No. 10 of 2007]
(4) Upon the trial of any accused for a contravention of subsection (1), the burden shall lie upon such accused of proving that he falls within one of the exceptions provided in that subsection.
(5) A court sentencing a person to imprisonment under subsection (2) shall not order the suspension of any part of the sentence if the effect of such suspension is that the convicted person will serve a period of less than three years.
5 Conditions on which miners may deal in or possess precious stones
The holder of a mining location or a tributor may only—
(a) possess precious stones which have been lawfully recovered by him or on his behalf from the mining location in respect of which he holds mining rights; or
(b) deal in precious stones referred to in paragraph (a) with a licensed dealer or permit holder and then only to the extent to which such licensed dealer or permit holder is permitted in terms of this Act, any other enactment relating to dealing in precious stones and by the terms of their licenses or permits, as the case may be, to deal in precious stones; or
(c) export precious stones referred to in paragraph (a) subject to any other enactment relating to the export of precious stones.
(2) A permit holder may only—
(a) possess precious stones in accordance with his permit; or
(b) deal in precious stones with a person referred to in section five, a licensed dealer or a permit holder and then only to the extent to which he and such other person are permitted in terms of this Act, any other enactment relating to dealing in precious stones and by the terms of their licences or permits, as the case may be, to deal in precious stones.