Monday 19 September 2016

Mberengwa: Parliamentary Public Hearings on the Mines and Minerals Amendment Bill kick off


#MMAB Public Hearings Updates- Day 1


A community representative makes a point
Parliamentary public hearings on the Mines and Minerals Amendment Bill kicked off today (19 September 2016) in the mining district of Mberengwa in the Midlands Province. The public hearing is part of a planned weeklong series which will be held across the country in the mining areas of Mberengwa, Bikita, Marange, Bindura and Penhalonga among others. The public hearings are legally conducted in terms of section 141 of the Constitution of Zimbabwe which provides for public participation in parliamentary processes.


In Mberengwa the hearing was convened at the Mberengwa Community Hall. Mberengwa is home to the once vibrant Sandawana Mine and small scale gold mining operations and thus the interest in the hearing was depicted by the high turnout.

Members of Parliament at the hearing
The Mines and Energy portfolio chairperson, Hon Daniel Shumba indicated that  the purpose of the Mines Bill public hearings is to address some of the challenges within the 1961 enacted Mines and Minerals Act. Various stakeholders attended the meeting ranging from local communities, small scale miners, local authorities, traditional leaders and government departments from the area and Zvishavane.

The hearing centred on 15 key issues within the Bill on which public opinion was being sought. The issues include: 

The identification of Strategic Minerals
Some of the participants
Composition of the Mining Affairs Board
The Cadaster of Mining Rights and Titles,
Exclusive Prospecting Licenses,
Farmer-Miner Relations,
Compulsory Acquisition of Land
Application of a Mining Licence/Lease 
Safety, Health and Rehabilitation Fund
Beneficiation of Minerals
Disputes in Mining
Prohibition of child labour.
Riverbed Mining by State Joint Ventures 
Utilisation of Financial Institutions
‘Use it or lose it’ Policy
Payments to Local Authorities

Some of the issues raised by the Mberengwa community relating to strategic minerals was on the need to include gold and diamonds by virtue of their strategic contribution the socio-economic development of the country.

Another matter of great concern was the proposed composition of the Mining Affairs Board. The Mberengwa and Zvishavane stakeholders stated that the board should include representatives of affected communities. Small scale miners felt , rightly, that due to their increasing role in the local economy, there ought to have more representation in the board as compared to large scale miners. A woman miner from Mberengwa with a heart problem was emotional about the unethical contestation of awarding of mining claims based on corruption and possibly an issue which the mining cadaster system can address.

The communal farmer-miner conflict that is apparent in the Zimbabwe mining sector was raised. The hearings in Mberengwa came up with demands for farmers to be entitled to agreed percentages on the mineral proceeds on their lands. Another interesting submission was that farmers should have land rights that include whatever is beneath the ground and above the ground.

The Mines Bill provides for a Safety, Health and Rehabilitation Fund relating to the maintenance of safety and environmental management in the mining sector. 
The reservation for riverbed mining for joint ventures by the States was strongly condemned. Major outcry was on the failure by government to undertake viable state-owned mining operations like Sabi and Jena Gold Mines. The participants proposed the government like all other actors not to be involved in river bed mining as this was deemed unsustainable.

In addition to these issues, there were legitimate concerns that the Mines and Minerals Amendment Bill had not been given timeously and that too much powers have been given to the Minister and the Permanent Secretary in the ministry of mines. The people also indicated that there should be parliamentary oversight over the Ministry’s power over the cadasters system and the granting of licenses. If such views and concerns from the people are taken into consideration, Zimbabwe can have a more progressive mining legal framework that can better save the environmental, economic and social justice for the people.

[ZELA will be giving daily updates on the parliamentary public hearings on the Mines and Minerals Bill. On social media, please follow hashtag: #MMAB]
ZELA: Using the law to protect and preserve the environment.

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