By Steria Manda:
Working in artisanal and small-scale mining can present a range of challenges, from obtaining the necessary licences and accessing appropriate equipment to finding reliable buyers for minerals.
These obstacles can make it difficult for miners who depend on the activity for their livelihoods to operate sustainably and earn reliable incomes.
Beyond extracting minerals, successful mining requires technical knowledge, suitable technology, access to markets and an understanding of health, safety and environmental requirements.
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Without these, miners may struggle to improve productivity, protect themselves from workplace hazards and minimise environmental damage.
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Formalisation offers an opportunity to address some of these challenges by bringing small-scale operators into the regulated mining sector.
This could enable them to benefit from technical support, appropriate technologies and better market access while encouraging safer and more responsible mining practices.
In Malawi, artisanal and small-scale mining is receiving attention as the country reviews how best to manage its mineral resources and expand the sector’s contribution to livelihoods and economic development.
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rincipal Secretary for Mining Rodwell Mzonde said the government was considering measures to support the formalisation of artisanal and small-scale mining as part of a comprehensive review of the Mines and Minerals Act, 2023.
In a written response to a questionnaire, Mzonde said the review recognised artisanal and small-scale mining as an important part of the mineral economy.
Measures under consideration include accessible licensing, technical support, appropriate technologies, health and safety, environmental management and market access.
The review follows practical experience in implementing the Act and forms part of a wider effort to address challenges in the mining sector.
The accessibility of licensing procedures is particularly important to small-scale miners. Formalisation depends not only on the existence of a legal framework but also on whether operators can understand and meet its requirements.
Clearer and more accessible licensing arrangements could encourage more miners to operate within the law.
Technical support is another area under consideration. Access to appropriate technologies and practical mining skills could help operators improve productivity, manage mineral deposits more efficiently and reduce risks associated with unsafe working methods.
Health and safety are equally important. Mining activities can expose workers to hazards, making appropriate equipment and safe working practices essential.
Technical guidance could help small-scale miners understand these risks and improve their working conditions.
Environmental management also forms part of the formalisation agenda.
Responsible mining practices can help minimise damage to land and surrounding communities, while a better understanding of environmental requirements could help operators comply with their obligations.
Access to legitimate mineral markets is another significant consideration.
Even where operators can extract minerals, their ability to earn sustainable returns depends partly on whether they can find reliable buyers and sell their output through recognised channels.
Better market access could help connect miners with legitimate buyers while encouraging greater transparency in mineral trading.
Clearer reporting arrangements could also help authorities monitor production and mineral movements.
The government is considering measures to improve production and sales reporting, mineral valuation, royalty administration and information-sharing among regulators, tax authorities, customs and financial oversight institutions to reduce under-declaration and revenue leakage.
The review is also examining ways to address illegal mining and speculative licensing.
The government is considering provisions governing the acquisition, maintenance, transfer, renewal and termination of mineral rights to ensure that licences are held by applicants with genuine intentions to mine and the necessary technical, financial and operational capacity.
Tackling illegal mining will require effective enforcement and coordination among the Ministry, the Malawi Mining and Minerals Regulatory Authority, local authorities and law enforcement agencies.
For artisanal and small-scale miners, the effectiveness of enforcement will depend partly on whether legal routes into the sector are accessible and practical.
A framework that combines clear rules with appropriate support could encourage compliance while maintaining accountability.
The proposed reforms also form part of a broader effort to ensure that Malawi derives greater and more sustainable benefits from its mineral resources.
The review is considering provisions on local content, including employment, skills development, procurement and technology transfer.
Value addition is another priority, with the government seeking to capture more value from mineral resources through beneficiation and in-country processing of specified minerals on a technically and economically realistic basis.
The review also considers the interests of communities living near mining operations.
Mzonde said the government was examining whether provisions on Community Development Agreements provided sufficient clarity on negotiation, content, implementation, monitoring and accountability.
Compensation and resettlement are being considered alongside land and environmental laws, while direct benefit-sharing is being examined within constitutional, fiscal and decentralisation frameworks.
Mzonde said the review was being undertaken within the broader objective of contributing to Malawi 2063 and recognised the importance of transparency and accountability.
It would consider provisions on disclosure, reporting and beneficial ownership consistent with Malawi’s legal framework, the principles of free, prior and informed consent where applicable and commitments under the Extractive Industries Transparency Initiative.
The review is following government technical and policy processes, including consultations with mining companies, artisanal miners, host communities, traditional leaders, civil society, professional bodies, investors and development partners.
Women, young people and affected communities are also expected to be involved before the revised legislation proceeds through Cabinet and Parliament.
Malawi is also drawing lessons from Zambia, Botswana and Tanzania on mineral rights administration, transparency, local content, value addition and institutional effectiveness.
However, Mzonde said the country would not simply replicate other countries’ laws, as the revised framework must reflect Malawi’s constitutional and legal framework, mineral endowment, institutional capacity, investment environment and national development priorities.
“The revised law should provide a modern, clear, predictable and enforceable framework that enables responsible mineral investment while ensuring that Malawi and its people obtain greater and sustainable economic, social and developmental benefits,” Mzonde said.
“In practical terms, it should support responsible investment, create opportunities for Malawians, promote local participation and value addition, protect communities and the environment, strengthen government revenues and contribute to long-term economic transformation,” he added.
