ZELA tears into Mines and Mineral Bill
LIVINGSTONE MARUFU
The Zimbabwe Environmental Law Association (ZELA) says the Mines and Mineral Bill, which was recently gazetted, has failed to address issues related to unsustainable mining activities, disputes over mining titles, and revenue leakages, among other challenges in the sector.
In its analysis of the Mines and Mineral Bill, ZELA said the 1961 legislation, which is being revised, should ensure that there is a comprehensive, regulatory, administrative and institutional mining framework.
These, ZELA said, were crucial in the creation of a competitive investment environment for the mining sector.
The Bill should also deal with community participation, which was provided for in the current Mines and Minerals Act.
“(It should) focus on key thematic areas namely contract transparency, beneficial ownership, community participation, environmental protection, artisanal and small-scale mining and administrative justice for good natural resource governance,” ZELA said.
It added: “The government has been unequivocal in its position regarding investment in the sector by declaring that ‘Zimbabwe is Open for Business’ and further setting ambitious targets for the mining sector by 2023, without taking into consideration conditions and repressive laws on the ground.
“The legislative framework governing the mining regime in Zimbabwe dates to 1961 and over the years, international laws impacting the mining sector have been developed with wider considerations that benefit larger groups of the population with environmental considerations.”
A mining expert who requested anonymity told Business Times that the Bill remains ineffective in dealing with challenges on the ground as there are few changes from the previous laws.
“We thought it was going to be a dawn of a new era but the same challenges such as unsustainable mining practices, disputes over mining titles, corruption, lack of contract transparency, environmental degradation, human rights violations, and revenue leakages remain unaddressed hence it should not be enacted into law until these problems are addressed,” he said.
Analysts said it was no longer a just matter of extraction of mineral resources but there is an increase in considerations on how such extraction has an impact on the environment, the economy, and society.
Parliament’s Portfolio Committee for Mines and Mining Development chaired by Shurugwi South legislator, Edward Mukaratirwa, has been conducting public hearings aimed at gathering views on the Mines and Minerals Bill.
The Bill aims to deal with perennial disputes between miners and farmers and is also seeking to reconstitute the composition of the Mining Affairs Board and clarify its functions.
Other problems include the environmental degradation, mining-induced displacements, loss of biodiversity, inadequate mineral beneficiation, illicit financial flows, and inadequate revenue disclosure.
Previously there were said to be several deficiencies noted in the Mines and Minerals Act [Chapter 21:05] which have rendered it inadequate to effectively regulate the mining activities in Zimbabwe.
The mining sector contributes over US$6bn in export receipts yearly and is viewed as a sector that will help the country to achieve upper-middle income status by 2030.
The mining sector accounts for about 12% of the country’s gross domestic product, due to the immense mineral deposits in the country.
Going forward, analysts said the mining legislation in Zimbabwe should therefore aim to facilitate economic and sustainable development which is only achievable through sound management of the mineral resources.
Ideally, mining rights should be conferred on applicants who have satisfactorily met the set requirements.
The principles of contract transparency, environmental protection, community participation, community benefit, and administrative justice should be paramount in the law governing Zimbabwe’s mining sector.
