Gazetting of Mines and Minerals Bill Reignites Critical Debate on Land Rights and Investment Security

H.E. President ED Mnangagwa

The long-awaited Mines and Minerals Bill (H.B. 1.2025) has finally been gazetted, marking a pivotal moment in Zimbabwe’s legislative reform agenda and setting the stage for parliamentary debate. The Bill, published under General Notice 1243A of 2025 in an Extraordinary Government Gazette, has resurfaced seven years after President Emmerson Mnangagwa declined to assent to an earlier version, citing constitutional concerns, particularly regarding property rights.

This latest development reflects a crucial balancing act Zimbabwe must navigate in reconciling two of its most strategic sectors: agriculture and mining. At the centre of the debate lies a contentious clause from the original version that sought to grant miners precedence over farmers in the event that minerals are discovered on agricultural land. President Mnangagwa, in exercising his constitutional powers, withheld assent to the Bill in its earlier form, arguing that certain provisions posed a risk to property rights and could undermine investor confidence.

While the President did not reject the Bill in its entirety, he flagged specific clauses that required urgent redress. Sources close to the matter indicated that the overriding concern was the potential violation of constitutionally enshrined rights to property, which could deter both local and foreign investment. Such concerns are not trivial, especially in a country working hard to rebuild its investment profile and attract capital into strategic sectors.

The Bill’s reappearance in Parliament now presents lawmakers with an opportunity to realign mineral development policy with Zimbabwe’s broader constitutional and economic objectives. Central to this realignment is the question of land-use priorities and the need to strike a fair balance between promoting mineral exploration and safeguarding productive agricultural land, a cornerstone of rural livelihoods and food security.

The debate will also likely touch on the broader issue of governance in the mining sector, which remains one of Zimbabwe’s top foreign currency earners but is often criticised for poor regulation, environmental degradation, and opaque licensing frameworks. Industry stakeholders have long called for a modernised legal framework that enhances transparency, ensures equitable benefit-sharing, and strengthens community and environmental safeguards.

As the Bill moves through Parliament, attention will be focused on how lawmakers resolve the clash between mining rights and property rights, particularly in the context of the land reform legacy and the imperative to encourage responsible investment. The Bill’s journey through the legislative process will also test the government’s commitment to constitutionalism, democratic oversight, and economic pragmatism.

In essence, the Mines and Minerals Bill is more than just a legal instrument, it is a litmus test of Zimbabwe’s ability to harmonise economic development with constitutional rights, and of its readiness to engage in a transparent and inclusive law-making process that reflects the aspirations of all citizens.

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