The proposed Mines and Minerals Bill, 2025, seeks to establish a modern legal framework for administering prospecting and mining rights while safeguarding existing land interests and ensuring that mineral development respects other legally-recognised property rights.
The Minister of Mines and Mining Development Dr Polite Kambamura said the proposed legislation recognises mining rights and land rights as distinct but interconnected legal interests that must be protected within Zimbabwe’s constitutional and statutory framework.
Presenting the Bill during its Second Reading in the National Assembly yesterday, Minister Kambamura said the legislation sought to strike a balance between facilitating mining activities and protecting the rights of landholders and existing mining operators.
Dr Kambamura said the granting of mining rights would not exempt investors from complying with other laws governing access to land, compensation, environmental protection, water resources and protected areas.
“Mining rights and land rights are related, but distinct legal interests,” he 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.”
He said proposed amendments to Clauses 37 and 39 were intended to strengthen coordination between mining and land administration, particularly by ensuring that a landholder’s refusal to permit prospecting would not automatically disqualify them from subsequently acquiring mining rights.
The amendments also clarify the respective responsibilities of Government institutions, with the Ministry responsible for mining being not empowered to alter land tenure or registration arrangements in contravention of legislation administered by the relevant land authorities.
Minister Kambamura said this approach was consistent with the principles of coordinated and accountable public administration provided for under Section 194 of the Constitution.
The Bill also introduces procedural safeguards for existing mining operations that could be affected by the granting of new mining leases.
Under the proposed amendment to Clause 132, the automatic cancellation of existing mining locations would be removed, with affected parties being entitled to prior notification, an opportunity to make representations and a reasoned written decision before any adverse action is taken.
“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 said.
He said any action involving compulsory acquisition of property would have to comply with Section 71 of the Constitution, which provides for the protection of property rights.
“These safeguards do not prevent the State from resolving competing claims; they require that it does so lawfully and fairly,” he said.
The proposed provisions are intended to provide greater legal certainty for landholders and mining investors while ensuring that the administration of mineral rights remains consistent with constitutional protections and other applicable laws.
The Bill has been reintroduced in Parliament following the rejection of an earlier version by President Emmerson Mnangagwa in 2018 over inconsistencies relating to constitutional provisions on property rights.
