New mining law to end clashes in agric, mining

THE Mines and Minerals Amendment Bill, currently being debated in the National Assembly, will go a long way in reducing the constant farmer-miner clashes, the committee of lawmakers responsible for mines says.

This came out of a key stakeholder consultative meeting on the proposed legislation in Harare on Monday, which was attended by the Parliamentary Committee on Mines and Mining Development.

The Bill seeks to repeal the existing mining law to adapt to over a decade of new national and international changes in mining as well as challenges affecting the sector and its linkages throughout the value chain.

Miner-farmer disputes have been on the rise since the emergence of artisanal and small-scale mining activity in Zimbabwe, especially after 2010.

Mining and agriculture are key to Zimbabwe’s economy as they contribute significantly to employment creation and overall economic growth, hence the need for harmony between activities of the two sectors.

Zimbabwe’s economic prospects look bright this year on account of the good rains that have characterised the ongoing summer cropping season while the mining sector is projected to benefit from strong global demand and mineral prices.

Among other issues, the Bill is pushing are recognition of artisanal and small-scale miners, whose operations were previously criminalised previously, transparency in the licensing regime of mining titles, devolution of the mining sector administration royalty, equality and equity of mining fees across provinces, and local authorities as well as issues to do with environmental, health and safety.

Given the extractive nature of the mining industry, the new law also advocates for local communities to benefit from the proceeds of these finite resources.

Many mining areas have been left as ghost towns, with little or no development as minerals get exhausted, leaving locals desperate and poorer than before.

Therefore Bill also seeks to address issues around community share schemes and corporate social responsibility and environmental protection by the miners,

Speaking at the meeting on Monday, Parliamentary Committee on Mines and Mining Development chairperson, Edmond Mkaratigwa noted that Zimbabwe was an agro-based economy, while mining contributed significantly to the economy.

He said it was important to strike a balance between the two sectors, which house a lot of upstream and downstream industries.

“The Mines and Minerals Act for one reason or another was not in harmony with other laws, particularly on land use. It is my fervent hope that this current Bill will try to balance the interests of the miner with all other land users that include those in communal areas, on urban lands, or newly resettled areas among others. We need to answer whether justice has been done regarding the farmer-miner relationship?

“The land reform process of early 2000 further sought to empower the majority of our people by giving them equal access to land. If the mining law remains unchecked, it would reverse the gains of our liberation struggle and hence the need for balancing any related policy overlaps,” said Honourable Mkaratigwa.

Deputy Attorney General (legislative drafting) Nelson Dias highlighted that mining laws should be fine-tuned so that the sector stays in harmony with other prominent land uses.

He added that mining law should be tweaked to allow the sector to be seen as a positive benefit to the nation instead of a hazard.

“Agriculture and mining are all important, we hope this process will minimise disputes with occupiers of land, with farmers, we do not want mining to be looked upon as an undertaking that is inimical to the people, no we do not want that,” said Mr Dias.

Stakeholders, however, decried the slow pace at which the formalisation of artisanal and small-scale mining segment operations was taking place.

Not formalising the ASM sector is considered absurd given the massive mining activities in the sector across the country.

Installation and operationalisation of computerised mining title management ( mining cadastre system) also remain a priority and one of the sticking issues in the mining sector.

These are among the key issues raised by the citizenry and need to be well articulated when the process is complete. The mining sector is currently the anchor of the local economy and the sector’s export earnings accounted for 75,8 percent of the total export earnings in 2022.

This law anchors other decisions around other mining laws such as the Gold Trade Act and the Precious Stones Trade Act.-herald