Online Reporter
Zvamaida Murwira-Senior Reporter
LOCAL authorities have no power to levy fees on miners extracting minerals in their jurisdictions as such power rests with the minister responsible for mining in consultation with other relevant ministries and Government departments, legislators have said.
They said local authorities could only impose permit fees on persons engaged on specified business in their areas and mining did not in any way fall within that category.
This was said by the Parliamentary Legal Committee, which issued an adverse report against Statutory Instruments gazetted recently by Uzumba Maramba Pfungwe and Zvataida Rural District Council (Mining and Mineral Planning) By-Laws 2025, where they sought to impose fees on firms extracting several minerals including granite and gold in their areas.
PLC is an arm of Parliament, whose constitutional duty is to scrutinise Bills and Statutory Instruments to establish if they are not in violation of the Constitution.
The adverse report issued by the PLC chairperson Dr Edson Zvobgo will have a bearing on several local authorities that have minerals in their jurisdiction and would want to levy fees as part of ensuring that the local community benefits from the endowment.
The report will now be debated by the full parliamentary plenary and, if adopted, the Statutory Instruments will become null and void.
In its report, the PLC noted that the Statutory Instrument was in violation of the principal law, the Mines and Minerals Act, which forms the basis of its creation.
“Firstly, the Statutory Instrument is ultra vires the principal Act, as it seeks to confer power to the local council to levy miners for mining activities, which powers the principal Act does not give them. It asserts the power of the Minister of Mines and Mining Development conferred by the Mines and Minerals Act [Chapter 21:05],” said Dr Zvobgo.
“According to Section 255 of the Mines and Minerals Act, the authority to impose levies on mining operations lies exclusively with the minister, who must act in consultations with other relevant ministries. Local authorities are not empowered under the Rural District Council’s Act to prescribe or enforce such levies and any attempt to do so constitutes an overreach of their statutory mandate. Therefore, the Statutory Instrument contravenes Section 255 of the Mines and Minerals Act by unlawfully assuming powers vested in the Minister of Mines and Mining Development.”
It was noted that while local authorities had powers to impose fees on a number of activities, mining was not one of them.
“Secondly, the first schedule imposes permit fees on various activities conducted by miners. This goes beyond the authority granted to local councils under the principal Act, which only empowers them to charge fees on persons engaged in ‘specified business within their jurisdiction’,” reads the report.
“Notably, Section 95 of the Act explicitly excludes mining location owners from being classified as engaged in a specified business. As a result, the Statutory Instrument oversteps these legal boundaries and is ultra vires the Principal Act, since local councils are only permitted to levy fees on those engaging in specified business, of which miners are clearly excluded.”
The committee also noted that the proposed fees were far above what they were allowed by the relevant law.
“Thirdly, the committee noted that the Statutory Instrument in question is ultra vires the principal Act, as it also imposes penalties that exceed the maximum limits prescribed under Section 15:95 of the Rural District Council’s Act. As such, it goes beyond the scope of authority conferred upon the issuing body by the principal Act, rendering the penalty provisions invalid,” the report reads.
The report also noted that imposition of such high fees was not consistent with the Constitution, particularly the right to fair administrative justice.
“The right to administrative justice provided for in Section 68 of the Constitution guarantees the right to lawful, reasonable and procedurally fair administrative conduct. The imposition of levies and penalties without legal authority clearly violates this provision. The overreach by the local council undermines procedural fairness and legality,” reads the report.
“The principles of good governance under Section 9 of the Constitution require public administration to be accountable, transparent and lawful. The unlawful assumption of powers by the local council breaches these governance standards.”
It was also noted that the Statutory Instrument usurped the powers conferred by the responsible minister
“Additionally, the Committee noted that the Statutory Instrument unlawfully usurps this power, violating the constitutional principles of legality and delegated authority. Finally, the Committee opines that Statutory Instrument 75 of 2025 is ultra vires the principal Act and contravenes Sections 9 and 68 of the Constitution,” said Dr Zvobgo.
