Mining
ASMs Cry for Consent to Mine in Large Scale Exploration Sites
January 21, 2025 / Wahard Betha
Chabwera: Legal framework main problem
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.
In an interview with Mining and Trade Review Rebecca Khembo, a small-scale miner in 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.
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.
In a separate interview, Ian Mbewe, smallscale miner from 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 EPL 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.
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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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