Flawed Minerals Regulation Act Leaves Zambia’s Communities and Small-Scale Miners in the Lurch
In a move celebrated by some as progress, Zambia’s government enacted the Minerals Regulation Commission Act No. 14 of 2024, ostensibly aimed at improving oversight in the mining sector. However, a closer inspection reveals glaring weaknesses that render the law a patchwork solution, failing to address the systemic inequities that plague the industry. Beneath the veneer of reform lies a disturbing disregard for the livelihoods of Zambians most affected by mining operations.
The absence of binding provisions for Community Development Agreements (CDAs) is nothing short of an insult to the communities that bear the brunt of mining activities. By failing to mandate these agreements, the government has effectively told Zambians living in mining areas that their well-being and development are expendable. “The omission of binding CDAs leaves affected communities without direct benefits or meaningful participation in mining projects,” remarked Lucy Musonda, Legal Researcher at the Centre for Trade Policy and Development (CTPD).
Equally concerning is the Act’s feeble approach to compensation for displaced landowners and disrupted communities. While it mentions compensation, it lacks robust enforcement mechanisms, leaving affected individuals at the mercy of mining companies notorious for evasion and exploitation. “Without sufficient enforcement measures, landowners remain vulnerable, eroding trust between communities and mining companies,” Ms. Musonda added.
The government’s outright ban on renewing exploration licenses for small-scale miners is yet another slap in the face to Zambians striving to earn an honest living. Instead of addressing the financial and technical challenges faced by these miners, the Act exacerbates their struggles, paving the way for increased illegal mining and fueling economic instability. This decision reflects a lack of understanding—or worse, a deliberate disregard—of the realities faced by small-scale miners.
Moreover, the Act’s provisions on beneficial ownership disclosure expose its lack of commitment to genuine transparency. Allowing mining rights to be transferred without requiring updated ownership records opens the door to corruption, fraud, and tax evasion. “The discrepancy between the Ministry of Mines and PACRA on beneficial ownership records creates accountability loopholes, undermining transparency in the sector,” Ms. Musonda stated.
For a nation so rich in natural resources, the Minerals Regulation Commission Act is a tragic failure of governance. Instead of empowering communities, ensuring equity, and fostering sustainability, it prioritizes the interests of powerful mining conglomerates. This law, touted as a milestone, is a stark reminder of how far Zambia has to go in creating a mining sector that serves its people rather than exploiting them.
Unless these issues are addressed through immediate and comprehensive amendments, the Act will remain a symbol of broken promises and missed opportunities. “To fully realize the Act’s potential, the government must address these gaps to promote inclusivity, transparency, and sustainability in the mining sector,” urged Ms. Musonda. Zambia deserves better. Its people deserve better. But as it stands, the Minerals Regulation Commission Act is a monumental betrayal of trust, leaving Zambians to wonder: whose interests is the government really serving?
KUMWESU JAN 9, 2025