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Africa Moyo-Deputy News Editor
The work of drafting the Mines and Minerals Amendment Bill is now with the Attorney General’s Office, which is expected to have finished its work by month-end, Mines and Mining Development Minister Winston Chitando has said.
Once the Attorney-General’s Office has completed its redraft, it then goes to Cabinet to ensure that what has been drafted fulfils the instructions. President Mnangagwa directed that work on the Mines and Minerals Amendment Bill be completed quickly.
The Bill was returned without approval by President Mnangagwa in 2018 after a lot of stakeholders expressed their concerns at the basic thrust of legal changes, and the consensus was that it needed to be redrafted to reflect the far more open and investor-friendly environment of the Second Republic. But more speed was now desired.
Sources say miners who gathered in Victoria Falls recently for the Chamber of Mines of Zimbabwe annual conference, expressed concern over the slow pace at which the process to amend the Mines and Minerals Act of 1961 was proceeding.
The concerns were raised during a closed door meeting with President Mnangagwa before he officially opened the conference.
In an interview yesterday, Chamber of Mines of Zimbabwe chief executive officer Mr Isaac Kwesu said it was important that amendments to the law be completed soon so as possible to allow investors an opportunity to make informed decisions.
“The real issue is that whenever there is a purported change to a given law, there is need to quickly conclude that because never mind how good or bad the law would be, investors just want certainty,” said Mr Kwesu.
But Minister Chitando said all was set for the Attorney-General’s Office to finalise drafting the Bill.
“The Mines and Minerals Amendment Bill is with the AG’s Office and we definitely expect that end of June, it would be done and then it will go to Cabinet,” said Minister Chitando.
Contacted for comment yesterday, Attorney-General Advocate Prince Machaya declined to comment, referring questions to the Ministry of Mines, which he was their “client” and he did not want to divulge their transactions without clearance.
In September 2018, President Mnangagwa returned the Mines and Minerals Amendment Bill to Parliament to allow for further legal scrutiny, especially on the sticking issues.
The Constitution allows the President to return to Parliament any proposed law they consider to be unconstitutional or have any other reservations about.
Under such circumstances, the Constitution demands that the Speaker of the National Assembly must, without delay, convene a sitting of the National Assembly which must reconsider the Bill and fully accommodate the President’s reservations or pass the Bill, with or without amendments, by a two-thirds majority of the total membership of the National Assembly.
The Chamber of Mines and other parties were reportedly unhappy with some sections of the Bill, including the definition of strategic minerals, which was thought to be “too broad” that it covered nearly all minerals.
There were concerns too, over provisions that seek to transfer administrative aspects of pegging of claims from the principal Act to subsidiary legislation.
Many stakeholders want the 1961 Mines and Minerals Act to be amended, arguing that it was no longer in sync with what is obtaining in the country today.
The 61-year-old law criminalises possession of gold, therefore making the work of small-scale miners illegal.
Now, the Bill seeks to formalise the work of artisanal and small-scale gold miners, who have become critical in terms of gold mining and deliveries to Fidelity Printers and Refiners.
Other progressive provisions in the Bill cover the protection of the environment, sustainable development and the establishment of the Safety, Health and Rehabilitation Fund.
Zimbabwe has experienced wanton destruction of flora and fauna, pollution of water bodies and extensive damage to public infrastructure where mining enterprises occur.
This is against the provisions of Section 73 of the Constitution which states that: “Every person has the right — to an environment that is not harmful to their health or well-being; and to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation . . .”
President Mnangagwa has recently been encouraging miners to preserve the environment, plough back to societies and pay employees well.
Other amendments include operationalisation of the Cadastre System, mining exploration, provisions to resolve farmer-miner disputes, decentralisation of operations, the opening of closed mines, hiring and capacitating mining extension officers, establishment of gold service centres, and mineral value addition and beneficiation.
Online Reporter