Mining
GOVERNMENT DRAFTS RAW MINERALS EXPORT REGULATIONS
February 18, 2026 / Wahard Betha
Rashid:?New regulations are marred with some gaps
The Ministry of Energy and Mining has drafted the Export (Prohibition of Raw and Unprocessed Minerals) Regulations, 2025, aimed at prohibiting the exportation of minerals that have not undergone beneficiation or value addition within Malawi, unless accompanied by a written permit issued by the Mines and Mineral Resources Regulatory Authority.
The release of the draft regulations follows the Executive Order made by State President Arthur Pater Mutharika banning exportation of raw minerals
Under the regulations, mineral samples are allowed to be exported by a holder of a mineral right for laboratory analysis, metallurgical testing, geochemical or mineralogical studies, or other analytical work required for exploration, evaluation or feasibility assessment.
Reads the Draft Regulations: “The Minister may, by notice published in the Gazette, designate additional minerals, revise the minimum processing requirements or impose higher beneficiation or value-addition standards.”
“The prohibition applies to all minerals extracted within Malawi, including but not limited to uranium, rare earth elements, niobium, graphite, tantalum, bauxite, coal, limestone, gemstones, heavy mineral sands, vermiculite, phosphate, pyrite, rutile, gold, diamonds, copper, and associated ores.”
In support of the regulations, the regulations read that the Ministry responsible for Mining, in consultation with the Ministry of Finance, shall design incentives to promote the local industry by: establishment of local mineral processing and refining plants; importation of processing equipment; research and innovation in beneficiation technologies; and public-private partnerships in value addition.
Mining Expert and Geoscientist Consultant Ignatius Kamwanje in an interview welcomed the regulations but blamed the timing of the ban. Kamwanje said: “I also see that those that were drafting have left crucial aspects as well. The conditions that are there means our government has a huge task ahead to make things happen.”
“Right now in Malawi there are no experienced gem dealers in terms of value addition. The Government needs to help in human capital, training as well as attracting skilled investors and so forth.”
“As for other minerals, this again calls on government to boost industrialization for example, invest in processing facilities since raw materials shall be processed first to ensure that the industry should not lag behind because buyers need quality products.”
In a separate interview, National Coordinator for Natural Resources Justice Network (NRJN) Kennedy Rashid said the new regulations demonstrate several promising dimensions including: promotion of local beneficiation and industrialization; enhancing enforcement and accountability mechanisms; phased implementation recognizing local constraints; and alignment with continental initiatives.
Rashid said: “The explicit requirements for minerals align with Malawi’s broader development goals and the African Mining Vision, which prioritizes local value retention and economic transformation.”
“The draft regulations provide for clear penalties, including fines, imprisonment, and forfeiture, which indicate a serious effort to deter illegal or premature export of unprocessed minerals.”
“By allowing phased compliance plans for exporters, the regulations balance ambition with practicality, acknowledging Malawi’s infrastructural, technical, and financial limitations, and this ensures that the regulatory framework is enforceable without stifling industry growth,” he said.
Rashid also said the new regulations resonate with the African Green Minerals Strategy by prioritizing the beneficiation of minerals critical for the energy transition and green technologies, such as lithium, cobalt, and graphite. He said this supports the AMV’s goal of inclusive resource governance, industrial development, and regional value chain integration.
However, Rashid said the new regulations are marred with some gaps especially in the ministerial discretion whereby he said the ability for the Minister to grant exemptions in the “national interest” is broad and undefined.
He said: “Transparency mechanisms such as mandatory publication of exemptions and Parliamentary oversight, are essential to mitigate this.”
“The new regulations also have been marred with the gap of limited community and ASM inclusion whereby they are not explicitly provided mechanisms to benefit from beneficiation or participate in value chains.”
“While beneficiation enhances economic value, it may increase environmental pressures and there is a need for mandatory Environmental and Social Impact Assessments, climate-smart processing requirements, and renewable energy integration in beneficiation processes.”
Meanwhile, the Government through the Ministry of Energy and Mining has opened doors for input on draft regulations from all stakeholders.
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The establishment of a stable and self-sustaining ecosystem, but not necessarily the one that existed before mining began. In many cases, complete restoration may be impossible, but successful remediation, reclamation, and rehabilitation can result in the timely establishment of a functional ecosystem.
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Remediation:
The cleanup of the contaminated area to safe levels by removing or isolating contaminants. At mine sites, remediation often consists of isolating contaminated material in pre-existing tailings storage facilities, capping tailings and waste rock stockpiles with clean topsoil, and collecting and treating any contaminated mine water if necessary.
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