News / National
Local authorities ruled offside on mining fees
2 hrs ago | 41 Views
The Parliamentary Legal Committee (PLC) has ruled that local authorities do not have the power to impose fees on mining activities, noting that such authority rests exclusively with the Minister of Mines and Mining Development in consultation with relevant government departments.
The statement follows the issuance of Statutory Instruments by Uzumba Maramba-PFungwe and Zvataida Rural District Councils (Mining and Mineral Planning) By-Laws 2025, which sought to charge fees on firms extracting minerals such as granite and gold within their jurisdictions. The PLC issued an adverse report declaring the instruments ultra vires, or beyond the councils' legal powers.
Dr Edson Zvobgo, chairperson of the PLC, said the instruments violated the Mines and Minerals Act [Chapter 21:05], which vests the authority to impose levies on mining operations solely with the minister. "Local authorities are not empowered under the Rural District Council Act to prescribe or enforce such levies. Any attempt to do so constitutes an overreach of their statutory mandate," he said.
The committee further highlighted that while local authorities can levy fees on certain "specified businesses," mining is explicitly excluded. The report noted that the proposed permit fees and penalties exceeded the legal limits and were inconsistent with the Constitution, particularly Section 68, which guarantees fair administrative justice, and Section 9, which underpins principles of accountability, transparency, and legality in public administration.
If adopted by the full parliamentary plenary, the adverse report would render the Statutory Instruments null and void, preventing local councils from levying fees on mining operations in their areas.
The ruling has implications for councils across Zimbabwe seeking to benefit from local mineral resources while respecting the limits of their legal authority.
The statement follows the issuance of Statutory Instruments by Uzumba Maramba-PFungwe and Zvataida Rural District Councils (Mining and Mineral Planning) By-Laws 2025, which sought to charge fees on firms extracting minerals such as granite and gold within their jurisdictions. The PLC issued an adverse report declaring the instruments ultra vires, or beyond the councils' legal powers.
Dr Edson Zvobgo, chairperson of the PLC, said the instruments violated the Mines and Minerals Act [Chapter 21:05], which vests the authority to impose levies on mining operations solely with the minister. "Local authorities are not empowered under the Rural District Council Act to prescribe or enforce such levies. Any attempt to do so constitutes an overreach of their statutory mandate," he said.
The committee further highlighted that while local authorities can levy fees on certain "specified businesses," mining is explicitly excluded. The report noted that the proposed permit fees and penalties exceeded the legal limits and were inconsistent with the Constitution, particularly Section 68, which guarantees fair administrative justice, and Section 9, which underpins principles of accountability, transparency, and legality in public administration.
If adopted by the full parliamentary plenary, the adverse report would render the Statutory Instruments null and void, preventing local councils from levying fees on mining operations in their areas.
The ruling has implications for councils across Zimbabwe seeking to benefit from local mineral resources while respecting the limits of their legal authority.
Source - The Herald
