ROLE OF PIL IN SHAPING MINING LEGAL REFORMS George Gapu- Scanlen and Holderness

What is PIL? Legal action to establish a legal principle or right that is of public importance and is aimed at social transformation. It can also be about enforcement of rights. A matter is in the public interest if the rights of the public or a section of the public is affected by the action complained of. Aim of PIL is to change the situation of marginalized people for the better. Narrow objective; winning case Broader objective; changing social policy or the law.

SUCCESS IN PIL Improved social conditions for the affected groups. Winning the case Obtaining ammunition for social mobilization and advocacy Building progressive jurisprudence Changing social policy and laws

PIL AND SOCIAL POLICY Direct influence- policy can be formulated to implement judgments Government may implement policies in response to declaratory judgments Indirect influence- stimulates social mobilization around social rights issues, creating awareness and media attention, and feeding advocacy. Judgments can depoliticize an issue making it draw support across political spectrum

REQUIREMENTS FOR SUCCESSFUL PIL Financial resources and adequate capacity of PI lawyers Limited potential on its own to influence policy and law change Social movements must use the litigation process as part of broader strategy for social and political mobilization Litigation creates opportunities for other actors Social mobilization- winning the case in the streets- makes Judges more inclined to rule in favour of claimants Transformative impact of unsuccessful cases; generate popular debate and political momentum

REQUIREMENTS continued.. CSOs should have mechanisms to capitalise on momentum caused by legal process and sustain political pressure through mobilization and debate Have long term strategy of building jurisprudence, maintaining social mobilization and political pressure Supplement litigation with out of court voice.

REQUIREMENTS continued.. Political will in Zimbabwe to implement law and change laws to improve social conditions for the marginalized. Kenyan example.

SUCCESSFUL PIL AND ADVOCACY IN ZIMBABWE Loosening of locus standi requirements in section 85 of the Constitution. Direct and substantial interest previously required. Stevenson v Minister of Local Government (2002). Environmental rights now part of fundamental rights in the Constitution (section 73). Previously in EMA statute. Access to information in section 62 of the Constitution. Previously in AIPPA statute. Use of community trusts in indigenization legal frameworks. CSOs like ZELA started forming them in 2002 to empower communities.

Recommendations PIL actors to build networks with international organisations for expertise and support PIL actors to have strong networks with grassroots organisations where issues arise PIL should be part of a broader cocktail of advocacy strategies for reform, including political discourse where power lies. Build networks of multi-skilled CSOs to advocate for change Tap into government ideology and broader policy goals for reform such as ZIMASSET.