Mining laws archaic: Mpofu

Minister Mpofu said his ministry had tried on several occasions to amend the law to modernise it and ensure it reflects current and future trends in global mining.

These efforts, he said, had been unsuccessful due to the “bad spirit” in which the legislation was premised.
“Other than being archaic, the Mines and Minerals Act is extremely colonial and selfishly crafted to harbour, propel and protect the interest of the former colonisers,” he said.

“It is not surprising that even to this day there are some investors who think the Government is overly unreasonable when it makes nationalistic interventions to propagate the all inclusive economic well-being of its citizens.”

Minister Mpofu was addressing stakeholders in Harare yesterday at a consultative workshop hosted by the ministry on a new minerals policy.
The new policy, the precursor to new minerals legislation, would give guidance on the distinction between surface rights, mineral rights, ownership rights, strategic and non-strategic minerals, nature and value of mineral reserves.

The policy would also clarify the future requirements and pre-conditions for investors wishing to undertake mining in Zimbabwe and provide a framework for the establishment of a sovereign wealth fund.

Minister Mpofu said considering the socio-economic transformation that has characterised Zimbabwe – that included the land reform, indigenisation, gender inclusivity, artisanal small-scale mining and environmental management — the current Mines and Minerals Act was obsolete.

As a result, he said Government decided to repeal and replace the Mines and Minerals Act with a more progressive law, reflective of a perfect hybrid grounded on national values and beliefs as well as general global best practices.

It is envisaged the new legislation would lead to sustainable development of the mining sector for the good of all Zimbabweans through sustainable exploration, mine development, mineral processing, utilisation, management, marketing of resources and provisions for contribution of the mining sector to socio-economic development.

To that end, the Ministry of Mines and Mining Development has held wide consultations for stakeholder input in Bulawayo, Gweru, Kadoma, Mutare, Masvingo and Harare.
The ministry has roped in renowned mining expert Dr Paul Jourdan to help with advice on how the country can come up with a refined minerals development policy and legislation.

Dr Jourdan concurred with Dr Mpofu that there was need to come up with world-class minerals policy and legislation that speak to the aspirations of all Zimbabweans who are, by right, part owners of the country’s abundant mineral resources.

Dr Jourdan called for policy and legislative provisions that provide for the creation of a system for mutual benefit.
“If the linkages cannot be made, the people’s (mineral) resources would better be left undeveloped,” Dr Jourdan said.

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