Zimbabwe Environmental Law Organisation (ZELO) has issued a clarion call for mining communities, civil society, industry players, and government bodies to actively prepare for upcoming public consultations on two critical pieces of legislation: the Mines and Minerals Amendment Bill and the Climate Change Management Bill, Mining Zimbabwe can report.
By Rudairo Mapuranga
In a comprehensive address at the Zimbabwe Alternative Mining Indaba (ZAMI), Mutuso Dhliwayo, the Director of ZELO, framed these legislative instruments not merely as policy updates but as a potential historic turning point for natural resource governance in Zimbabwe.
His speech moved the national conversation beyond the oft-cited “resource curse” narrative, arguing that the real deficit lies not in the ground but in the frameworks designed to manage what is extracted from it. “When you talk about natural resources, there is this common talk about natural resource gaps,” Dhliwayo stated, “but we as lawyers actually talk about the gaps of poor laws and policies, and the lack of effective implementation. We think that there is a bigger gap than there is in the natural resource gap.”
A Legacy of Advocacy and a Strategic Passing of the Baton
Dhliwayo’s address was steeped in the weight of nearly two decades of advocacy. He grounded his authority in a long-term perspective, noting he has been working on mining sector reform since 2007. “I don’t know how many ministers I’ve seen or worked with, permanent secretaries, including Chairpersons of the Parliamentary Portfolio Committees for Mines and Energy, and of course CEOs of the Chamber of Mines,” he reflected, painting a picture of a persistent struggle for reform across multiple political and industry leadership cycles.
This extensive experience informed a significant and deliberate strategic shift. Declaring that he would no longer play a “frontline role” in the detailed advocacy for the Mines Bill, Dhliwayo announced his intention to create space for a new generation. “I’ve decided to give this space to young people that may also come up with innovative ideas to make sure that this view… there is a commitment from future leaders,” he explained. This move signals a maturation of the civil society movement, focusing on sustainability and leadership development to ensure the fight for equitable resource governance continues beyond its founding figures. It is a testament to his belief that the future of this reform lies in the hands of “young people that are now driving this process.”
Imminent Parliamentary Process: A Call to Action
The core of Dhliwayo’s message was an urgent alert to all stakeholders. He shared crucial intelligence indicating that the legislative process is moving from deliberation to action. “We are told that the public hearings are going to commence very soon, that’s the intelligence that I have, that I’m sharing with you,” he revealed. This transformed the ZAMI session from a general discussion into a strategic briefing.
He explicitly outlined the dual objective of the meeting: “The first one is to prepare the Mines Bill and the Climate Change Bill for stakeholders… The second one is to help communities and other stakeholders identify the gaps that are there.” He emphasised that “stakeholders” is a broad term, encompassing not just community-based organisations but also parliamentarians, private sector miners, and artisanal small-scale miners. This inclusive approach underscores the fact that effective legislation requires buy-in and input from all parties affected by and involved in the mining sector.
A Preliminary Appraisal: Cautious Optimism for the Mines Bill
While maintaining a neutral, facilitative stance, Dhliwayo offered a preliminary and generally positive appraisal of the Mines and Minerals Amendment Bill. Based on a preliminary review, he identified several provisions that align with long-standing advocacy positions of ZELA and its partners, viewing them as significant victories for progressive governance.
He highlighted several key areas of alignment:
Community Participation: For years, a central demand has been the meaningful involvement of communities in decisions about mining projects that affect their land and livelihoods. Dhliwayo noted, “We see some provisions there that relate to community participation.” This suggests the bill may incorporate requirements for Free, Prior, and Informed Consent (FPIC) or stronger consultation mechanisms, though the devil will be in the legislative details.
Environmental and Social Governance (ESG): The integration of robust ESG principles into mining operations is a global imperative. Dhliwayo acknowledged seeing “some very positive provisions there” related to ESG, which could include mandatory environmental impact assessments, social plans, and clearer guidelines for investor conduct.
Environmental Protection and EMA Collaboration: As an environmental law organisation, this is at the heart of ZELA’s mission. Dhliwayo expressed encouragement, stating, “Environmental protection, which is at the core of our work as an organisation, and collaboration with environmental management agents. I see some very important provisions there.” This points to a potential strengthening of the Environmental Management Agency’s (EMA) mandate and its role in monitoring and enforcing compliance within the mining sector.
Transparency and Accountability: These are foundational to combating corruption and ensuring that mineral revenues benefit the nation. Dhliwayo simply noted, “They are also there,” indicating that the bill addresses these crucial issues, possibly through requirements for public disclosure of contracts, payments, and licensing.
“So the thing is that at least this bill is moving in the right direction,” Dhliwayo concluded, offering a measured endorsement. However, his tone made it clear that this is the starting point for consultation, not the finish line. The objective now is to ensure these provisions are not diluted and are made as strong and enforceable as possible.
Synergy with Broader Reforms and Constitutional Alignment
Dhliwayo strategically positioned these bills within a wider ecosystem of ongoing governmental reforms. He specifically mentioned “serious conversations regarding the establishment of specialised courts, or environmental courts, based on the Environmental Management Agency strategy.” By doing so, he illustrated how the Mines Bill and Climate Change Bill could synergise with other initiatives, creating a comprehensive and interlocking system of accountability where specialised legislation is enforced by specialised judiciary bodies.
Furthermore, he anchored the entire reform agenda in the supreme law of the land—the Constitution of Zimbabwe. He invoked Section 13, which speaks to equitable regional development and the devolution of power, and Section 73, which enshrines the right to a clean, healthy, and sustainable environment. “It is through those conversations, through dialogue, that we are able to address those [challenges], and make sure that the provisions that are there in the Constitution of Zimbabwe… are actually going to be fulfilled,” he stated. This framing elevates the legislative process from a mere policy adjustment to a constitutional imperative, arguing that these bills are necessary to realize the promises made to the Zimbabwean people.
The Work Begins Now
Mutuso Dhliwayo’s address at ZAMI was a masterclass in strategic advocacy. It was simultaneously a reflection on a long journey, a passing of the torch, a tactical alert, and a rallying cry. By affirming that the bills are “moving in the right direction,” he provided a basis for constructive engagement rather than outright opposition. By revealing the imminence of public hearings, he created a sense of urgency and purpose. And by framing the debate within the context of constitutional rights and broader judicial reforms, he established a high-stakes platform for the coming discussions.
The message to every community monitor, every artisanal miner, every parliamentarian, and every industry leader in the room was clear: the theoretical debate is over. The text of the proposed laws is taking shape. The time for preparation is now. The hard work of scrutinising every clause, identifying every loophole, and advocating for the most robust, equitable, and enforceable legislation possible is about to begin. The success of this long-awaited reform will depend on the ability of all stakeholders to heed this call and engage meaningfully in the democratic process that lies ahead.
