Government concedes ‘grey areas’ in land and mining laws

Zimbabwe’s government has acknowledged gaps in the country’s land and mining laws after senators raised concerns about conflicts between farmers and mining companies operating on the same land. During a Senate session, Senator Ritta Ndlovu questioned what happens when agricultural land allocated by the state is later partially claimed for mining. She described a scenario in which a farmer granted 50 hectares could lose 10 hectares to a miner who holds a separate offer letter, while the farmer remains responsible for paying for the full allocation.

Responding, Justice Minister Ziyambi Ziyambi said current legislation gives mining rights precedence over agricultural use. “The current laws dictate that mining rights override agricultural rights,” he said. “It is perfectly legal for somebody to come and peg on your land and have mining rights there.” He acknowledged that the arrangement has created tensions and inconsistencies, adding that reforms under the proposed Mines and Minerals legislation are intended to address the imbalance.

“The current scenario favours miners over those who are doing agriculture and that is one of the issues that we are trying to correct,” he said. The President of the Senate, Mabel Chinomona, also questioned who should bear the cost when part of a farm is taken over for mining, particularly in cases where agricultural production is disrupted. Minister Ziyambi described this as a “grey area” in the law, arguing that underground minerals are not legally considered part of surface agricultural land.

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He attributed the framework to colonial-era legislation and said reforms were needed to clarify responsibilities. Elsewhere in the debate, legislators raised concerns about reports of mining activities in residential and urban areas. The minister said mining is not legally permitted in such zones and must be approved by the Environmental Management Agency and local authorities through established procedures. “If this is not done, you are not allowed to mine,” he said.

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