Nyore Madzianike and Farirai Machivenyika
THE proposed Mines and Minerals Bill, 2025, seeks to protect existing land interests while providing a modern legal framework for the administration of prospecting, mining rights, and mining titles, Mines and Mining Development Minister Polite Kambamura has said.
Presenting the Bill during its Second Reading in the National Assembly yesterday, Minister Kambamura said the proposed legislation recognised mining rights and land rights as related but distinct legal interests that must be respected within the country’s statutory framework.
The Second Reading follows the reintroduction of the Bill in Parliament after President Mnangagwa rejected a previous iteration in 2018 due to inconsistencies regarding Constitutional provisions on property rights.
Minister Kambamura emphasised that the granting of a mining right should not automatically override other legal requirements governing access to land, compensation, environmental protection, water, protected areas, and other land uses.
“Mining rights and land rights are related, but distinct legal interests,” Minister Kambamura said.
“The grant of a mining right does not remove the need to comply with applicable laws governing access to land, compensation, environmental authorisation, water, protected areas and other land uses. Equally, a landholder’s rights must be respected within the statutory framework governing mineral development.”
Proposed amendments to Clauses 37 and 39, the minister said, were vital for strengthening the relationship between mining and land administration, preventing a refusal to permit prospecting from automatically disqualifying a landholder from acquiring mining rights.
He added that the Ministry responsible for mining would not purport to alter land tenure or registration contrary to laws administered by responsible land authorities, reflecting coordinated public administration under Section 194 of the Constitution.
The Bill also introduces safeguards to protect existing mining operations where new leases are introduced.
“Where existing mining locations may be affected by the grant of a mining lease, the proposed amendment to clause 132 removes automatic cancellation and requires notice, an opportunity to make representations and a reasoned written decision,” Minister Kambamura stated.
“Where the action amounts to compulsory acquisition of property, Section 71 must be complied with.
These safeguards do not prevent the State from resolving competing claims; they require that it does so lawfully and fairly.”
The Mines and Minerals Bill, 2025, intends to replace an ageing, complex statutory framework with a modern Mining Cadastre Register, rationalised title categories, and improved environmental rehabilitation arrangements.
The proposed computerised cadastre system will allow officials to accurately record the location, extent, and status of mining rights to reduce boundary disputes.
On environmental protection, Minister Kambamura confirmed the legislation will complement rather than displace the Environmental Management Act or the functions of the Environmental Management Agency.
Furthermore, the Bill provides for the indigenisation and localisation of the industry at the primary level to ensure citizens participate meaningfully in local economic development.
The framework also addresses technical education by establishing structured graduate training requirements to strengthen the national skills base and create pathways for young professionals.
“The Bill is intended to provide the legal architecture through which the State can regulate access to mineral resources, secure lawful investment and ensure that mineral development contributes to national development,” Minister Kambamura said.
