Mining legislation revisions in SADC

legislation revisions

Countries in Southern Africa are reviewing their mining legislation . The DRC, Zimbabwe and Lesotho are leading in this regard. The DRC has started to review its mining and hydrocarbon Legislations. In 2002, as the country was emerging slowly from a protected armed conflict, the World Bank initiated the reform of the mining sector.

The World Bank and the Congolese government agreed to introduce a new mining legislation, commonly known as the mining code. Its main objectives have been to stabilize the sector and attract foreign direct investment in the mining sector. The code has been found wanting in many areas. Congolese civil society and government have criticized the code for protecting more the interests of investors than the interests of Congolese people. The World Bank and the Congolese government agreed that the mining code, to ensure the stability of the mining sector, should not undergo any amendment before 10 years. In 2012, the revision of the code started. The DRC is also reviewing its hydrocarbon legislation. SARW has been involved in providing civil society space to contribute to these revisions. For both processes, Congolese civil society has, through contribution from all civil society organisations working in the resource sector and from all the 11 provinces, produced and submitted its recommendations to government.

Since 2011, SARW together has been providing support directly or through its local partner ZELA capacity to Member of Parliament t in preparation for the revision of the mining policy. In 2011, together with RWI and ZELA, SARW provided training to member of Zimbabwe portfolio committee on mineral and energy. SARW is also working with the Centre for Research and Development (CRD) to develop a diamond policy for Zimbabwe.

IN Lesotho, SARW, working together with ECA, has consulted with the Lesotho government on the possibility to review the mining legislation drafted in 1963. SARW is committed to working with civil society in Lesotho to ensure that it participates in the process using its experience in the DRC  and Zimbabwe.