New Bill to revamp Zimbabwe mining laws

Nqobile Bhebhe, Zimpapers Business Hub

ZIMBABWE is set to usher in a new era in the mining sector with the introduction of the Mines and Minerals Bill, which aims to revamp the country’s mining laws, boost transparency, improve governance and unlock significant economic value through strategic mineral exploitation and digital record-keeping.

The Bill, recently gazetted and seeking to replace the Mines and Minerals Act of 1961, introduces far-reaching reforms anchored on modern governance, strategic resource management and investor confidence.

As mining remains one of the pillars of Zimbabwe’s economy, accounting for more than 60 percent of export earnings and employing hundreds of thousands of people, the proposed legislation is expected to significantly impact the country’s development trajectory.

The 396-page Bill will, among other things, reconstitute the composition of the Mining Affairs Board and clarify its functions, establish the mining cadastre register and registry (a digital platform that records and manages mining licences, concessions and other legal instruments related to mining operations), rationalise classes of mining titles to three and regulate the activities of prospectors.

There has been a lot of anxiety by stakeholders on the Bill after its passage took long because of various reasons, one of which was that President Mnangagwa rejected the initial proposed law in 2018 as he felt certain clauses were not consistent with the Constitution of Zimbabwe. One of the hallmark features of the Bill is Clause 6, which gives the Minister of Mines and Mining Development, in consultation with the Mining Affairs Board, the authority to declare certain minerals as “strategic”.

Strategic minerals are those deemed critical to a country’s economy, security or industrial development and whose supply could be at risk due to geopolitical, economic or logistical factors.

They include diamonds; rare earth minerals; lithium; copper; nuclear energy source materials such as uranium, mineral oils, gaseous hydrocarbons; coal and nickel. This designation enables the State to take a more active role in projects involving these resources, ensuring they are exploited in a manner that aligns with national development priorities.

Investors in strategic minerals will be required to commit a minimum investment of US$1 million, establish joint ventures or special purpose vehicles with Government participation and also undertake environmental protection and fulfil corporate social responsibility obligations.

“Under Clause 6 (Strategic minerals) it is proposed that the minister should have power, after consultation with the Mining Affairs Board, to declare any mineral to be a strategic mineral,” reads the Bill.

According to the Bill, small-scale miners can be exempted and be allowed to extract the strategic minerals if the Mines and Mining Development minister views it as prudent to do so.

This process formalises and secures large-scale investment opportunities, while allowing room for small-scale miners, provided they do not interfere with broader commercial operations.

This clause is particularly vital for the future of lithium, rare earth minerals and platinum group metals, resources in high global demand.

Young Miners Foundation chief executive officer Mr Payne Farai Kupfuwa said the Bill is progressive as it furthers the interests of small-scale miners.

“Of interest is the exemption of small-scale miners in extracting strategic minerals. The playing field would be even,” said Mr Kupfuwa. “As the Young Miners Foundation family, our humble submission is that, given that youths constitute over 65 percent of Zimbabwe’s demographic structure and dominate the small-scale mining sector, with over 80 percent participation, it is imperative that their interests are represented on the Mining Affairs Board.

“While a representative for small-scale mining is a step in the right direction, a dedicated youth representative would provide a crucial perspective, ensuring that our concerns and ideas are integrated into the decision-making process.

“This would enable us to move from the periphery to the centre of policy formulation and implementation, fostering more inclusive and youth-friendly mining policies that empower young people in the industry.”

A mining sector analyst, Ms Elizabeth Maphosa, said: “This is a significant move. It ensures the country maximises value from its resources, avoids speculative hoarding and promotes investor accountability.”

The Bill proposes the establishment of a digital and centralised mining cadastre registry, a cornerstone reform that will tackle legacy issues around double allocations, claim disputes and lack of ownership clarity.

“A transparent cadastre sends a powerful message that Zimbabwe is open for business and committed to good governance. The Bill, though long overdue, is very much welcomed.” said Ms Maphosa.

“It modernises Zimbabwe’s mining governance and brings it in line with global best practices. By introducing strategic minerals, enforcing transparency in the cadastre, and protecting both investor and community interests, Zimbabwe is sending a clear message: we are open for responsible and sustainable business.

“This is game-changing for investor confidence.”
Under Part III, the permanent secretary becomes the mining cadastre registrar, with an information technology-skilled deputy registrar responsible for day-to-day operations.

All mining rights, including prospecting, claims, leases and special grants, will be definitively recorded here.
“The mining cadastre register will be the final and authoritative record of all mining rights and titles,” reads Clause 20.

Open access provisions mean investors, financiers and the public can verify mining titles, bolstering confidence and reducing corruption.

Crucially, the registry must reflect beneficial ownership, tightening compliance and exposing fronting or hidden interests. Provisional rights issued by provincial mining directors (PMDs) will only be finalised once entered into the cadastre registry.

This step eradicates conflicting records and helps streamline mining administration. The Bill refines the process of discovering, pegging and registering mineral claims, ensuring systematic and transparent resource identification.

Clause 56 enshrines the principle of “first come, first served” in mining title disputes, while granting the mining cadastre registrar the power to rectify records through a transparent process defined in the Third Schedule.

This provision ensures fairness and legality in contested claims, replacing informal and often corrupt settlement mechanisms with structured judicial recourse, including appeals to the Administrative Court and the High Court.

Recognising the need for auxiliary infrastructure, Clause 57 allows miners to register “dependent mine service sites” — locations for worker accommodation and equipment, up to 20 hectares (ha), extendable to 40ha upon application.

Even when land occupiers consent, the PMD must transmit all site information to the cadastre registrar for final approval.

This safeguards against speculative land-locking and ensures mining land is used judiciously.
The Bill also fortifies environmental protection.

For example, it criminalises the illegal cutting of indigenous trees beyond authorised uses under Clauses 36, 140 and 235. Violators face criminal and civil penalties, with repeat offences threatening cancellation of mining rights.
Civil penalties include fines of up to level 8 and may accrue daily for ongoing non-compliance, encouraging environmental stewardship among miners.

The environmental protection and surface rights clauses have been widely welcomed as a progressive shift towards responsible and sustainable mining practices in Zimbabwe.

These provisions are particularly significant in a sector often criticised for land degradation, deforestation and conflicts with local communities.

Mining analyst Mr Gilbert Dube commended the Bill’s robust approach to environmental accountability.
“The provisions on environmental protection and surface rights reflect a clear intention by the Government to ensure mining operations no longer occur at the expense of ecosystems or local communities,” he said.

“By criminalising illegal tree cutting and imposing escalating civil penalties for continued non-compliance, the Bill introduces serious consequences for environmental violations, something that has been lacking for years,” he noted.

Under the Bill, miners are prohibited from cutting or using indigenous trees outside the limits prescribed under sections 36, 140 and 235, with penalties, such as fines of up to level 8 or imprisonment of up to three years.

In cases of continued default, further daily fines can accrue for up to 90 days, along with the risk of mining right cancellation for repeat offenders.

“The Bill goes beyond punishing violators; it provides a clear framework for remediation. Miners now have a legal obligation to adhere to environmental standards or risk losing their claims. This will go a long way in restoring public trust in mining operations, especially in rural areas where community land conflicts are prevalent,” added Mr Dube.

He also noted the role of PMDs in enforcing environmental and surface rights protection.
“Empowering PMDs to mediate surface use disputes and to assess site registration applications based on community consent is a practical way of decentralising oversight. It ensures that decisions are made with the local context in mind while giving affected landowners a voice,” he said.

“By embedding environmental stewardship into the heart of the mining law, Zimbabwe is aligning itself with global ESG (environmental, social and governance) standards, critical for attracting ethical investment and protecting the natural heritage.”

With strategic mineral governance, digital mining rights management, streamlined dispute resolution and sustainability protections, the Bill positions the sector to become a pillar of national economic transformation, said economist Ms Alice Chikonzi.

“By aligning mining laws with international standards and strengthening the legal framework, Zimbabwe is not only safeguarding its mineral wealth, but also setting the stage for responsible investment, community empowerment and long-term economic growth,” she said.
“This is not just a legal document; it is a developmental instrument with the potential to reshape Zimbabwe’s future.”

The post New Bill to revamp Zimbabwe mining laws appeared first on herald.