EXPLAINED| What Zimbabwe’s new Mines and Minerals Bill seeks to change

After years of delays, Zimbabwe’s long-awaited Mines and Minerals Bill has finally been gazetted.

The new law aims to modernise the country’s mining legislation, replacing the outdated 1961 Act. The Bill was first drafted in 2015. In 2018, President Emmerson Mnangagwa refused to sign it, saying parts of it violated property rights.

A redrafted Bill will now be tabled in Parliament. It introduces tougher rules on mining titles, seeks to resolve conflict between miners and farmers, adds new social obligations, and reserves small-scale mining for locals.

The bill must be passed by Parliament, sitting until October, before it becomes law. Here’s a breakdown of what’s in the new Bill.

Mine tile: Who owns what
A Mining Cadastre Register will be set up to record all mining rights. The Bill provides for three types of mine title: claims/blocks, mining leases, and special grants. A key change is that the beneficial owners of mining rights must be declared and registered.

Ownership: Small scale is for locals
The Bill seeks to preserve small-scale mining for Zimbabweans. Only Zimbabwean citizens or permanent residents, or their companies, can hold prospecting rights. A foreigner can get this licence only if they plan to operate at large scale. “Small-scale” rights are reserved for locals. What’s a small-scale miner? The Bill says this is someone who has mining locations of not more than 40 hectares, employs less than 50 people, and produces under 1,200 tonnes of ore per year. Foreign investors get special leases for larger operations.

Strategic minerals
The Government can declare certain minerals, such as rare earths, as “strategic”. This means anyone mining these must invest at least US$1 million, and must do this in a joint venture with the State.

Environment and communities
Large-scale miners must submit an Environmental Impact Assessment (EIA) for their operations, as has always been the case. There are civil penalties for violations. The Minister can halt mining operations in cases of environmental emergencies. A key change is that large-scale miners will need a Social Responsibility Certificate from a “recognised civil society group”. It must confirm that a miner has good community engagement, cultural respect, and fair labour practices. They need this certificate within 30 days of registering a lease. Failure to comply may lead to penalties or loss of mining rights. Small-scale miners, widely accused of environmental damage, don’t need this certificate. But they can still be held accountable if local authorities raise complaints.

Farmers versus miners
The Bill aims to resolve an old war; farmers versus miners. Under the Bill, it is illegal to mine 450 meters of near homes, cultivated land, or small plots of under 100 hectares. This aligns with existing laws. To protect their land from miners, farmers can register land for future farming or grazing. Landholders who lose access to the surface of their land due to mining may receive compensation from the Mining Industry Environmental Protection Fund (MIEPF).

Use it or lose it
The Bill enforces a stricter “use it or lose it” policy to prevent people from hoarding mining claims. It proposes a shift from current laws, where paying annual fees is enough to keep mining rights.

Now, miners must actively work their claims to keep them. A miner must now meet three major conditions to preserve title: actively work the mine, submit a 12-month work plan within 30 days of registration, and obtain annual inspection certificates based on progress, EIA compliance, and—if large-scale—a Social Responsibility Certificate.

Idle claims can be reported, investigated, and expropriated.

Land taken over will be sold to others at an new claims auction. However, miners may retain rights if they provide valid reasons for inactivity or apply for a temporary retention licence.

NewZwire