Calls mount for amendment of Zimbabwe's outdated Mines and Minerals Act

The long-overdue amendment of Zimbabwe's Mines and Minerals Act (Chapter 21:05) has become a pressing issue as the country grapples with mineral leakages and a lack of transparency in its mining sector. The original Act, enacted in 1961 during the colonial era, remains largely unchanged and out of step with Zimbabwe's contemporary constitutional framework and development goals.

In 2015, the late former President Robert Mugabe's administration introduced the Mines and Minerals Amendment Bill to overhaul the archaic legislation. However, Mugabe was ousted before signing the Bill into law, leaving the reform unfinished. When President Emmerson Mnangagwa came into power in 2017, his government inherited the stalled Bill, yet more than a decade after its introduction, the amendment remains incomplete.

The 1961 Act was designed under a settler-dominated system that served to entrench elite control over mineral wealth while dispossessing host communities. It failed to align with Zimbabwe's current Constitution and key laws that promote inclusive growth and community beneficiation. The Act lacks safeguards against mineral revenue leakages, opaque licensing processes, inadequate tax and royalty flows, corruption, and human rights abuses-all persistent problems undermining the sector.

Moreover, the Act does not address value addition or community beneficiation, areas now enshrined in the Constitution through devolution principles. This disconnect has allowed government retention of an outdated legal framework that hinders shared economic development.

The proposed Amendment Bill incorporates crucial reforms. Among these is the "use it or lose it" provision aimed at preventing the speculative hoarding of mining claims, and the introduction of a cadastre system mandating Environmental Impact Assessments before issuing mining titles. These changes are expected to enhance transparency, accountability, and environmental stewardship.

Despite public consultations held as far back as 2016 under Mugabe's regime, the Bill remains a work in progress with no clear explanation for the delay. Observers suggest the Mnangagwa administration lacks the political will to finalize the legislation, especially when compared to its swift enactment of politically sensitive laws such as Constitutional Amendment No. 2, which consolidated executive power earlier this decade.

The Amendment Bill was published in January 2020 but has yet to be enacted, even as the government rapidly pushed through laws extending presidential authority over the judiciary and parliament by May 2021. Critics argue this disparity signals a preference for political control over developmental reform.

As Zimbabwe continues to face challenges in curbing mineral leakages and ensuring equitable resource management, stakeholders urge the government to expedite the passage of the Mines and Minerals Amendment Bill. Finalizing this legislation is critical to modernizing the mining sector, protecting host communities, and unlocking the country's full economic potential. Without urgent action, Zimbabwe risks perpetuating outdated policies that undermine sustainable growth and national prosperity.