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Zimbabwe Miners Federation (ZMF) Midlands Province Chairman, Makumba Nyenje, has raised a red flag over the proposed Mines and Minerals Amendment Bill, warning that while it makes progress in recognising small-scale mining, it still fails to support the sector with practical laws, enabling, and inclusive, Mining Zimbabwe can report.
By Rudairo Mapuranga
Speaking to Mining Zimbabwe on the sidelines of the Planet Gold Zimbabwe workshop on the Bill, Nyenje said the Bill must be revised to reflect the realities and struggles of small-scale miners—the majority of whom are Zimbabwean citizens operating with limited capital and facing regulatory hurdles that often favour large-scale players.
“We are happy that the Bill has finally acknowledged small-scale mining as a growing industry. But we are disappointed that it imposes many restrictions and misses key areas that must empower us. A small-scale miner cannot be treated like a multinational. We are still growing,” said Nyenje.
Possession Laws: Criminalising Miners for Owning Minerals
One of the most glaring issues, Nyenje said, is the criminalisation of mineral possession, particularly gold. Despite miners being encouraged to sell to Fidelity Gold Refinery, possession of gold without immediate documentation can still lead to arrest and prosecution, even in legitimate circumstances.
“Possession must not be a criminal offence—smuggling should be. If I pick a stone with lithium or gold-bearing ore, should I be jailed for that? The law must differentiate between criminal intent and legitimate small-scale mining activity,” he argued.
He called for clear legal protections for miners who operate within formal channels and deliver to authorised buyers.
Ore Movement Restrictions: A Barrier to Production
Nyenje also criticised the current law requiring ore movement permits, saying it creates unnecessary bureaucracy and opens room for extortion and corruption.
“If I have a registered claim and I want to send ore to a nearby mill, why should I need a permit? We need fewer restrictions, not more. The law should make mining easier, not more difficult,” he said.
He proposed a digital self-declaration system to maintain traceability without burdening miners.
Clear Definition of Small-Scale Mining and Access to Critical Minerals
Nyenje urged lawmakers to clearly define what constitutes a small-scale miner, including claim size, production volume, and capital level. The current Bill, he said, is vague and could allow large actors to exploit provisions meant for genuine small operators.
“Small-scale miners should have clear guidelines. The law should also tell us which minerals we can mine. Some should be reserved for citizens or small players, especially in critical areas like lithium, chrome, and gold,” he said.
He added that Zimbabwe needs a published list of critical minerals, with transparent rules on who can mine or process them.
Provincial Representation and Decentralised Dispute Resolution
The ZMF Midlands chair also raised concerns about the composition of the Mining Affairs Board, calling for full provincial representation of small-scale miners, not just a token presence.
“We want small-scale miners from every province to have a voice—or at least dispute resolution committees that work at provincial level. Right now, it’s too centralised and far removed from the realities on the ground,” Nyenje said.
Computerisation and Paperless Licensing
While the Bill references the digital Mining Cadastre System, Nyenje said more must be done to eliminate excessive paperwork, which continues to clog the system.
“We want a modern system. The Cadastre must work, but also remove these manual letters, physical files, and gatekeeping. It’s 2025—we need to apply, renew, and pay online,” he said.
Inclusivity: Women, Youth, and PWDs Must Be Recognised
Nyenje stressed the need for the Bill to include specific provisions that empower women, youth, and persons with disabilities (PWDs), who often face cultural and financial barriers to entering the mining sector.
“These are the people doing the work. The law must see them, support them, and create opportunities for them,” he said.
Recognition of ZMF and Other Industry Bodies
Finally, the ZMF Midlands leader called for formal recognition of representative bodies such as the Zimbabwe Miners Federation (ZMF) and the Chamber of Mines within the Bill, particularly in governance, dispute resolution, and policy-making.
“ZMF represents the voices of small-scale miners. We must have a place in law—not just as stakeholders, but as partners in regulation and development,” he said.
A Law That Must Work for Zimbabweans
Nyenje’s remarks reflect growing discontent within the ASM sector, even as the government pushes to reform mining legislation. With small-scale miners contributing more than 60% of Zimbabwe’s gold output, many believe the law must protect and empower them, not punish or exclude them.
“We are not asking for special treatment. We are asking for fair treatment. We want a law that allows small-scale Zimbabwean miners to grow, formalise, and contribute more to the economy,” Nyenje concluded.
