admin
Farirai Machivenyika Senior Reporter
Mines and Mining Development Minister, Winston Chitando, yesterday tabled a new Mines and Minerals Amendment Bill in the National Assembly after President Mnangagwa declined to sign into law the one that was previously passed by Parliament in 2018 after expressing his reservations over some sections of the Bill which he said violated the Constitution.
The Bill was then returned to Parliament, resulting in the tabling of a new Bill yesterday.
President Mnangagwa expressed reservations on some of the clauses in the Bill, which he felt might violate property rights especially a clause which conferred rights of a miner ahead of a farmer where a mineral would have been found on agricultural land.
The Bill which was gazetted last year, seeks to repeal the existing parent mining law by aligning it to over a decade of new national and international developments and challenges affecting the sector and its linkages throughout the value chain.
Some of the issues provided in the Bill include; recognition of artisanal and small-scale miners, resolution of the farmer-miner disputes; environmental, health and safety Issues; transparency in the licensing regime of mining titles; recognition of provincial mining directors; devolution of the mining sector administration royalty; equality and equity of mining fees across provinces and local authorities and corporate social responsibility among others.
Meanwhile, the chairperson of the Portfolio Committee on Mines and Minerals Development, Cde Edmond Mkaratigwa commended provisions of the Bill that set out conditions for investors in his address during an ongoing capacity building workshop in Bulawayo for MPs on the Bill.
“I am pleased to note that the Bill sets out conditions for investors who seek to exploit strategic minerals. Part of the conditions are that the State and affected communities should have a defined interest or stake in the exploitation of these minerals,” he said.
Cde Mkaratigwa said it was his hope that the issue of farmer-miner disputes would be put to finality in the Bill.
“The Bill makes an endeavour to identify the different types of land and ownership titles found in Zimbabwe, such as agricultural land, private land, communal land, State land, gazetted land, town land, offer letter, 99-year lease and so on,” he said.
“I am sure most of you who come from constituencies where mining takes place have encountered farmer-miner conflicts.
“These conflicts have often been emotive and in the majority of cases the miner has had the upper hand because he or she used threatening language and were name dropping heavy political figures so that the farmer had to give in.
“Furthermore, the Mines and Minerals Act for one reason or another was not in harmony with other laws particularly on land use. It is my fervent hope that this current bill will try to balance the interests of the miner with all other land users that include those in communal areas, on urban lands or newly resettled areas among others.”
Following its tabling, the Bill was referred to the Parliamentary Legal Committee for scrutiny on its constitutionality.
Online Reporter