Mining Law in Zimbabwe
MIDLANDS STATE UNIVERSITY
Faculty of law
name : Joseph T Makuni
Reg number: r123641F MODULe : Mining Law LEVEL 3.1 LECTURER P. Manatsa
Zimbabwe is currently grappling with the process of formulating a new mining legislative and policy framework. In your opinion what do you consider should be the major pillars for this framework, give reasons to support your answer? [30]
Zimbabwe is a nation that relies heavily on its natural resources with mineral resources being one of the major contributors to the Zimbabwean economy. Mining policy and legislation in Zimbabwe has been heavily criticised as being out of touch with modern concepts as the mining law of Zimbabwe is largely based on a statute enacted in the colonial era that is the Mines and Minerals Act [Chapter 21:05] The act which was enacted in 1961 is oriented towards mineral resources exploitation with little or no regard to sustainable development.1 Zimbabwe is therefore engaging in attempts to formulate a new mining and legislative framework that is more akin to modern concepts and advancement in the Global sphere. Zimbabwe’s mining and legislative policy should also include indigenisation laws and concepts which has been a major government policy in recent years. The new Mining policy is expected to remedy existing issues in the Zimbabwe mining sphere and to bring about a transformation and change that is to be expected of the 21st Century. Some of the notable issues and areas that have been noted for inclusion into the new mining policy and legislative framework include but are not limited to, licence and contract awards, indigenisation and empowerment, artisanal mining, decentralisation which is already in progress and management of the fiscal regime.
Currently there are a number of laws for the administration of the mining resources in Zimbabwe. Some of the laws are specifically meant
Faculty of law
name : Joseph T Makuni
Reg number: r123641F MODULe : Mining Law LEVEL 3.1 LECTURER P. Manatsa
Zimbabwe is currently grappling with the process of formulating a new mining legislative and policy framework. In your opinion what do you consider should be the major pillars for this framework, give reasons to support your answer? [30]
Zimbabwe is a nation that relies heavily on its natural resources with mineral resources being one of the major contributors to the Zimbabwean economy. Mining policy and legislation in Zimbabwe has been heavily criticised as being out of touch with modern concepts as the mining law of Zimbabwe is largely based on a statute enacted in the colonial era that is the Mines and Minerals Act [Chapter 21:05] The act which was enacted in 1961 is oriented towards mineral resources exploitation with little or no regard to sustainable development.1 Zimbabwe is therefore engaging in attempts to formulate a new mining and legislative framework that is more akin to modern concepts and advancement in the Global sphere. Zimbabwe’s mining and legislative policy should also include indigenisation laws and concepts which has been a major government policy in recent years. The new Mining policy is expected to remedy existing issues in the Zimbabwe mining sphere and to bring about a transformation and change that is to be expected of the 21st Century. Some of the notable issues and areas that have been noted for inclusion into the new mining policy and legislative framework include but are not limited to, licence and contract awards, indigenisation and empowerment, artisanal mining, decentralisation which is already in progress and management of the fiscal regime.
Currently there are a number of laws for the administration of the mining resources in Zimbabwe. Some of the laws are specifically meant
Bibliography: Dhliwayo, M. “A REVIEW O F ZIMBABWE 'S DRAFT MINERALS POLICY “Transforming Comparative Advantage to Competitive Advantage” Zimbabwe Environmental Lawyers Association, 2014 available at http://www.slideshare.net/ZELA_infor/a-review-of-zimbabwes-draft-minerals-policy-zel-adf Glazewski, J. Environmental Law in South Africa 2nd Ed, LexisNexis, Durban Manatsa P, “Mineral Beneficiation: Time to walk the Talk,” The Standard of 15 June 2014, available at http://www.zimbabwesituation.com/news/zimsit_g_mineral-beneficiation-time-to-walk-the-talk-the-standard/ Matarure, M., “A review of the legislative and policy framework for community based natural resources management in the mining sector,” A paper prepared for the Zimbabwe National CBNRM Forum: November 2008 available at http://www.campfirezimabwe.org/CBNRM/index.php?view=articleandcatod... Mukwakwami, N “Formalising Zimbabwe’s Artisanal Mining Sector” available at http://projekt263.wordpress.com/2013/09/24/formalising-zimbabwes-artisanal-mining-sector/ Ngangira, N “Resource Blessing Should Stimulate Economic Growth” New Zimbabwe of 14 December 2013 available at http://www.newzimbabwe.com/opinion-13506-Mineral+wealth+should+stimulate+growth/opinion.aspx POLICY BRIEF No. 5/2012: “DISTRIBUTION OF MINING REVENUE IN ZIMBABWE” available at http://archive.kubatana.net/docs/cact/nango_mining_revenue_in_zim_120620.pdf Zimbabwe Agenda for Sustainable Socio-Economic Transformation (Zim-Asset) “Zimbabwe pledges investor-friendly mining sector policies” 25 September 2013 - See more at: http://bulawayo24.com/index-id-business-sc-companies-byo-36559.html#sthash.JQeXmIOe.dpuf