Zambian Whistleblower
Zambian Whistleblower
March 1, 2025 at 05:49 AM
ARTISANAL LICENCE HOLDERS DEMAND THEIR RIGHTS REINSTATED WITHIN FIVE DAYS The group of artisanal mine licence holders recently blocked from commencing mining activities in their areas have written to the government demanding reinstatement of their licences because their revocation was irregular, unprocedural, unreasonable and illegal. In a letter of demand on behalf of the clients, addressed to the PermanentSecretary Ministry of Mines and copied to the Minister, AMC Legal Practitioners, have demanded that the licences be restored immediately within five days of the letter dated 24th February, 2025, failure to which they would take every step available not to allow any entity to conduct any mining activities on their respective licenced areas. The clients of AMC Legal Practitioners are Messrs Digi Wave Branding Limited,Zambia Federation of Cooperatives in Mining Society Limited, Febian Mubuyaeta, Ms Faith Mushongo, Ms Georgina Muleya Mwansa and Mr Voster Hampako. Recounting the history of this saga, the lawyers have explained that their clients were holders of small scale exploration licences, designated for citizen-owned, citizen-influrnced or citizen-empowered companies, and artisanal mining rights, which are a preserve of Zambian citizens. The individual clients applied for their respective mining rights over an expired mining licence area number 27800-HW-SEL which had been granted to Jubilee Metals Solutions Limited on 15th October, 2020. This licence was, following procedure by the Mining Licencing Committee, cancelled. This licence had expired on 23rd November, 2024. The same area was earlier under a company called Brustan, whose licence was also cancelled for non-comliance. The clients in question, having followed procedure, were considered and granted licences by the Mining Licencibg Committee on 27 December and 27 December, 2024. But strangely, by a press release dated 23rd February, 2025, the Ministry of Mines claimed they had revoked these licences because the holders had failed to obtain the required mining consents from Mopani Copper Mines which holds a large scale licence 7073-HQ-LML, over the same area. This action was taken without the licence holders being heard,or written to as required by section 72 of the Mines and Minerals Development Act No.11 of 2025. But records show that the area, which was first held by Brustan, and later Jubilee Metals, whose licence was cancelled, did not fall under Mopani mining rights, and so the issue of obtaining mining rights from the company could not arise. It was only upon Mopani claiming any surface rights that the artisanal and small scale mining licence holders could be obliged to obtain consent relating to surface rights. In fact, on 16th January, 2025, the Mines Development Department and Mines Safety Department, in the presence of Mopani officials, carried out a boundary verification exercise, "which established that our clients were the legitimate licence holders and that Mopani had been illegally dumping materials on their mining areas. This information we are advised is on your table as the letter was copied to your office." In addition to this the Mines Safety Department on 17th January even accepted a Mine Manager appointed by the licence holders and approval to commence mining operations was granted. But Mopani withheld consent. "For the foregoing, we hold the strong view that the decision of your Ministry to revoke our clients ' mining licences through a press release without notice and based on a reason not provided for in the law is not only irregular, but equally, unprocedural, unreasonable and illegal and cannot go unchallenged." Get in touch with us on WhatsApp +263786654620 John 8:32 "And you will know the truth, and the truth will set you free.” Goodnight. #zambianwhistleblower #zwb ©️ Zambian Whistleblower (ZWB).
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