Parliamentary Legal Committee (PLC) has issued a damning assessment of the Mines and Minerals Bill, warning that several clauses violate constitutional rights and could entrench corruption and unchecked executive power in the mining sector.
In an adverse report tabled after its 1 October 2025 meeting, the Committee comprising Eddison Mudiwa Zvobgo, Energy Mutodi, Kucaca Phulu and Tafadzwa Mugwadi said the Bill, if passed without major revisions, would undermine key protections on equality, administrative justice, land rights and financial accountability.
Acting chairperson Zvobgo said the Bill’s failure to define artisanal miners amounted to discrimination on the basis of economic and social status, in breach of Section 56 of the Constitution.
“Not including artisanal miners in the definition section is unfairly discriminating against them based on their economic and social status,” he said.
The PLC said Clause 25(4), which gives rejected staking-agent applicants only two working days to appeal, was incompatible with Section 68 of the Constitution, which guarantees fair and reasonable administrative conduct.
Zvobgo said the two-day window “infringes the right to administrative justice” as applicants in the Administrative Court are granted 21 days to lodge an appeal. He added that Clause 25(7), which blocks unsuccessful applicants from reapplying for up to five years, was “unreasonable”, “unfair” and effectively restricts the right to choose a profession or trade.
A major portion of the report centres on what the PLC describes as excessive and ambiguous powers granted to Provincial Mining Directors (PMDs).
Under Clause 31, PMDs are empowered to decide who qualifies as a “fit and proper person” for an Exclusive Prospecting Licence — a criterion the Committee said requires legal certainty to prevent arbitrary decision-making.
Zvobgo said the broad discretion given to PMDs, including the power to set response deadlines ranging from 48 hours to seven working days, threatens predictability and fairness in the licensing process.
The Committee also objected to several clauses giving PMDs authority over dispute resolution, penalties and payments, warning of conflicts of interest and heightened corruption risks.
“Throughout the Bill, the PMD has been given excessive discretionary powers… that will create a platform for inefficiency and corruption,” the report said.
Clause 37, which penalises landowners who refuse consent for mining activities, was described as “constructive deprivation of property rights”, with the PLC noting that landholders have the constitutional right to control access to their land.
The Committee also said Clause 38, which places initial dispute-resolution powers in the hands of PMDs, breaches Section 69(2) of the Constitution due to the lack of an independent and impartial tribunal at the first stage of adjudication.
Concerns were also raised over Clause 40(7), which allows mining activities to continue while disputes are before the courts, with the PLC warning that this risks perpetuating illegal conduct.
The report further criticised Clause 185, which places the Mining Industry Environmental Protection Fund solely under ministerial control, arguing that this undermines constitutional requirements for transparency and accountability in the management of public resources. Mr Zvobgo said there is “potential for abuse of these funds”.
The Committee also highlighted gender-balance gaps in Clause 224, arguing that the Bill fails to ensure board appointments comply with Sections 17 and 22 of the Constitution, which require gender equity and the inclusion of persons with disabilities.
The PLC flagged more than a dozen other clauses as unconstitutional, including the Minister’s “unfettered” power to suspend compensation payments under Clause 192, the six-month deadline for deceased estates to resolve mining matters under Clause 199, and Clause 229, which does not compel the President to provide written reasons when refusing a special grant.
The report also criticised Clause 269(5) for shifting the burden of proof onto the accused, Clause 308 for imposing strict liability for failure to disclose the discovery of precious stones, and Clauses 326 and 327 for failing to explicitly safeguard opportunities for women and persons with disabilities.
The Mines and Minerals Bill aims to replace Zimbabwe’s 1961 mining law, which is widely viewed as outdated.
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