In Malawi, artisanal miners frequently clash with the government
over restrictions on access to mining areas designated for large-scale exploration.
This has led to conflicts over land rights, with accusations that the government
prioritizes the interests of large mining companies over the livelihoods
of small-scale miners, often leaving them with limited
income-generating options in mineral-rich regions. – gr
– Mining Trade News –
January 21, 2025 –
Wahard Betha –
Mining & Trade Review
“Local Artisanal and Small-scale Miners (ASM) have lamented that some Exploration License (EL) holders are denying them consent to carry out small scale mining operations within their tenements despite the ASMs getting proper documentation from the Ministry of Mining saying it is fueling illegal mining in the country,” writes Wahard Betha.
“In an interview with Mining & Trade Review, Rebecca Khembo, a small-scale miner in the Rumphi district, said despite acquiring preliminary documents from the Department of Mines, she is failing to be granted a mining license due to delays to be given a consent by EL holders.
“Khembo said after being instructed by the Department to get a consent letter from the EL holders, she has been trying to engage the companies but nothing has materialised.
Metallic Minerals vs. Gemstones!
She said: “We have been engaging the companies but the response is as usual; ‘let us talk to the director’ and if we follow up nothing happens.”
“Later on what we hear is that the company went to the Mines Department to threaten them on why they are about to give us a license yet they are exploring for metallic minerals and we are after gemstones.”
”Khembo said the development is a setback to the ASMs who plan to have licenses and form cooperatives that will assist to transform lives of many Malawians.”
“If they keep denying us consent, where will we mine as ASMs?”
“In a separate interview, Ian Mbewe, small scale miner from the Mzimba district, concurred with Khembo saying the issue is an obstacle for them to grow their mining business.”
Mbewe said: “Imagine one company has over three licenses and one license is about 300 square kilometers which means they have taken over all the land and nothing has been left out for us. If they keep denying us consent, where will we mine as ASMs?”
“It is also unfortunate seeing some companies holding licences for metallic minerals mining gemstones illegally. We are wondering; are they really here to develop the sector or just to kill the ASM?”
Programs Coordinator for Natural Resources Justice Network Joy Chabwera, however, said the legal framework is the main problem for the development.
Chabwera said: “The main issue is that EL has exclusive right either to grant consent to ASM or not. But our legal framework does not provide the mandate to Government to instruct the EL holder to give consent to ASM.”
“Most of the EL holders, who have kept their land idle especially in the northern region, have just acquired the license and they are using it for reference but they are not going to mine.”
“That is why even the issue of having a Retention License does not make sense. When you calculate EL plus Retention License, it is giving the licence holders about 16 years, and I do not expect these companies to give a go-ahead to ASMs to mine gemstones within these years,” said Chabwera.
“Chabwera, therefore, proposed for amendment of the law to remove Retention License as well as reduce the number of years for holding EL from the stipulated five years.”
… in Related News …
Government Tipped on How to Address Safety Issues in Small Scale Mines
While it is typical that these news article focus on artisanal gold mining,
there are good reasons to read on, as they usually affect artisanal gem mining as well. – gr
– Admin –
January 21, 2025 –
Mining & Trade Review magazine –
“In the wake of a rising number of accidents that are resulting in loss of lives of Artisanal and Small Scale Miners (ASMs), experts have tipped the Malawi Government on how to address occupational safety, health and environmental (OSHE) risks dogging the ASM subsector.”
“Mining industry expert James Chatupa observes that the lack of a coordinated regulatory framework is a key factor fueling ASM safety and environmental challenges stressing that institutions such as the Ministry of Mining, the Department of Environmental Affairs, and the Malawi Police Service are not working effectively together to monitor and enforce regulations.”
“There is a major issue with how data on OSHE is collected. Most of the data is informal and lacks a structured database, making it difficult to track down the scale of the problem and develop targeted solutions,” says Chatupa, who is a veteran geologist and MD for local geological consultancy firm Craton Resources.”
“He also says the exclusion of ASM from mining reserved minerals is one of the reasons miners resort to illegal activities as it forces miners into dangerous and unregulated environments, which directly contributes to fatalities.”
“Chatupa calls on the Government to expediate the process of decentralizing mineral licencing activities.”
Local Village Rule
He says: “There are already mandatory provisions in the Mines and Minerals Act, 25 of 2023 and in the Local Government Act of 1998. There is scope of taking the granting of the Artisanal Mining Permits to Chiefs/Village Heads. This would facilitate collection of data of ASM activities. The Village Head would charge the licencee a fee as instructed by the District Council.”
“The Chief would retain 50% of the fee to cover own expenses and send the other 50% to the DC, with a record showing the entity licenced, GPS location, commodity being mined and estimate of amounts to be mined. The Mines Department officers at the DC would compile the records for subsequent analysis. It would also be possible then for the technical officers to assess risks and provide advice to the miners, as a way of reducing accidents.”
The Dangers of Gold Mining
“Chatupa also bemoans the widespread use of mercury in gold extraction by ASM, often without any safety measures; which is exposing miners to toxic fumes and increasing the risk of respiratory diseases, including tuberculosis.”
“Miners often work in poorly designed tunnels or caves, and without proper training and personal protective equipment, they use dangerous chemicals and equipment. This leads not only to fatal accidents but also to long-term health problems,” he said.
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