File Picture Source: ZNBC
By Yamikani Ngoma, Zindiba Lwara and Sydney Imbwae
1.0 INTRODUCTION AND BACKGROUND
The Constitution of Zambia in Article 255(f) provides for equitable exploitation and utilization of the environment and natural resources amongst the people of Zambia. The slag dump known as the Black Mountain in Kitwe is a natural resource that youths, women and the community are entitled to exploit and utilize. However, Article 255 (j) provides that the methods of production, harvesting and processing of natural resources shall be regulated”.
The story of the Black Mountain in Kitwe, Zambia is about a community of people working to feed their families. The Black Mountain has existed since 1931 when the copper smelter was commissioned. The smelter slag contains of cobalt and copper. When Zambia Consolidated Copper Mines Limited was privatized, the slag dump was purchased by Anglo Vaal Mining who later sold to Nkana Alloy and Smelting Company Limited. Various small scale illegal miners (locally called Jerabos) started illegally reclaiming the slag and selling to Chinese buyers operating small scale mineral processing plants. In the recent past, the government surrendered its 10 per cent shareholding of the slag dump to Chapamo Minerals Processing Company owned by the small scale, local community (Jerabos) as community empowerment.[1]
Small scale mining is a critical poverty reduction strategy for millions of people around the world, but it is mostly undertaken under dangerous conditions. The health and safety hazards associated with small scale activities impact negatively among the miners, their families and their communities.[2]
On September 14th 2021 the Minister of Mines and Minerals Development Hon. Paul C. Kabuswe MP announced the suspension of mining activities at the black mountain to pave way for a legal framework that will benefit more youths intending to venture into small-scale mining and to ensure that safety and sanity is in place.[3]
2.0 The Needs of the Growing Population
In order to strive to meet the desires of a growing population, the President of the Republic of Zambia, Mr. Hakainde Hichilema on 13th February 2022 made a pronouncement that he had given 30% of the mining slag on the copper belt popularly known as the black mountain to youths, women and the community as one way of empowering the community following his campaign promises to the youths on the Copperbelt prior to the August 2021 general elections.
The President mentioned that the slag dump known as the “Black Mountain” had been given to co-operatives owned by the Zambian youths and women who have been granted licenses to operate. The President disclosed that the beneficiaries included a consortium of co-operatives representing all the 10 districts of the Copperbelt, Women in Mining and the Community hosting the black mountain. The President further disclosed that the contracts have since been signed between the beneficiaries and the identified mining operators with the necessary equipment and qualified staff who have already undergone safety training.[4]” Following the pronouncement, youths and women ran to black mountain to scavenge minerals without following procedures, health and safety rules.
3.0 Safety of the Current Operations at the Black Mountain
The reopening of the black mountain raised concerns with the various stakeholders. Stakeholders have complained on the safety of the miners, others have reiterated that the Government should have waited until safety measures are put in place to take care of the risks involved before allowing the youths and women to go back and commence operations at the black mountain, and some refer to scramble for black mountain as a source of Anarchy[5].
The safety concerns from stakeholders are based on accidents that have occurred at the black mountain in the past. For instance, on 21st June 2018, the black mountain undercut and consequently collapsed on the youths, burying 17 of them alive. After a rescue operation, 10 bodies and seven injured victims were retrieved from the rubble. The accident happened as a result of non-compliance with safety precautions and conditions of operation. Another issue that came out strongly was that the small-scale miners famously known as the “Jerabos” lacked protective gear to safely carry out their mining activities at the slag mountain.[6]
4.0 Laws and Administrative Mechanisms governing mining safety
4.1 The Mines and Minerals Development Act No. 11 of 2015.
The law that governs mines/mining in Zambia is the Mines and Minerals Development Act No. 11 of 2015. The Act revises the law relating to the exploration for, mining and processing of, minerals. It also provides for safety, health and environmental protection in mining operations among other things. Issues of mine safety are handled by the Department of Mine Safety under the Ministry of Mines and Minerals Development.
4.2 The Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (SI No. 28 of 1997)
This provides for specific guidelines for conducting environmental impact assessments and for evaluation of environmental impact statements prior to undertaking any prospecting, exploration and mineral processing in the mining sector including small scale mining in Zambia.
Regulation 3 provides that a project cannot be implemented if the Project brief and environmental impact assessment has not concluded and the council has not issued a decision letter.
Regulation 7(1) empowers the Council to make a decision that an Environmental Impact Statement be prepared when it determines that the project is likely to have a significant impact on the environment, it requires that an environmental impact statement be prepared in accordance with these Regulations.
4.3 Zambia Environmental Management Agency (ZEMA) Ministry of Mines and Mineral
Environmental safety on the other hand is regulated by the Environmental Management Act No. 12 of 2011 that establishes the Zambia Environmental Management Agency (ZEMA) which regulates among others environmental compliance in the mining sector. ZEMA plays a regulatory role in mining projects by among other things, conducting environmental impact assessment processes and issuance of environmental permits, and the reviewing and approving of Environmental Impact Assessments. Further it sets mandatory standards and regulations. It has an obligation to ensure that miners have in place systems and procedures that meet the minimum standards for environmental protection
4.4 2013 Mineral Resources Development Policy
The Mineral Resources Development Policy (MRDP) of 2013 came into effect in July 2013.
The overall objectives of the policy are to;
- Encourage and facilitate orderly and sustainable development of small scale miners in the mining subsector in order to enable contribute to economic development and wealth creation.
- Achieve acceptable safety, health and environmental standards;
- Attract and encourage local and foreign private sector participation;
- Facilitate the empowerment of Zambian to become owners or shareholders in the mining industry;
- Promote the development of the mining industry that is integrated in the domestic economy;
- Disseminate information to raise awareness on occupational health and safety, environmental risks, and provide occupational health and safety guidelines for small scale miners;
- Improve the system of information flow for the mining sector to sensitize and create awareness especially for small scale workers on the regulations governing the sector.
5.0 Eligibility to hold a Small-Scale Mining Right
In Zambia, the small-scale mining is formalized in the sense that individuals, groups or companies have to operate under a legal mining title, such as an Artisan’s Mining Right, a Small Scale Exploration License or a Small Scale Mining License. Anything outside this is termed as illegal mining, under the law.[7]
According to Section 2 of the Mines and Minerals Development Act of 2015, the three operations are defined as follows:
- Artisanal Mining: Artisanal mining means an artisan’s mining operation undertaken by a citizen of Zambia pursuant to an Artisan’s Mining Right granted under Part III of the Mines and Minerals Development Act of 2015 over an area covering a minimum of 3 hectares and a maximum of 6 hectares;
- Small-Scale Exploration: Small-scale exploration means exploration under a Small -Scale Exploration Licence granted under Part III of the Mines and Minerals Development Act of 2015 over an area covering a minimum of 10 hectares and not exceeding a maximum of 1,000 hectares; and
- Small-Scale Mining: Small-scale mining means mining under a Small-Scale Mining Licence granted under Part III of the Mines and Minerals Development Act of 2015 over an area covering a minimum of 10 hectares and not exceeding 400 hectares.
A person wishing to conduct mining and dispose of minerals is required to first acquire a mining right or a mining license granted under the Mines and Minerals Development Act. In order to acquire mining rights, the applicant is required to apply for a mining right by addressing the application to the Mining Cadastre Office under the Ministry of Mines and Minerals Development. The Director of Mining Cadastre may, before issuing a mining right or mining license, require that the land over which the mining right or mining license is to be issued be properly surveyed in accordance with the provisions of the Mines and Minerals Development Act.[8]
Section 12(2) of the Mines and Minerals Development Act, 2015 prohibits a person from exploring for minerals or carrying on mining operations, mineral processing operations or gold panning except under the authority of a mining right, mineral processing license or gold panning certificate granted under the Act.
The Act further requires any person wishing to undertake mining activities to obtain written approval of the environmental impact assessment relating to the exploration, mining or mineral processing operations by the Zambia Environmental Management Agency as provided under section 29 of the Environmental Management Act, 2011. Where an individual, a partnership or co-operative, commits an offence, they are liable, upon conviction to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a term not exceeding seven years, or to both.[9]
The current operation at the black mountain has shown very serious safety shortcomings and there is need to ensure that the safety of the personnel working at the dump is secured.
6.0 Gaps and Challenges of regulating small scale miners at the black mountain
- The law currently only recognizes the licensed small- scale miners who register as cooperatives, partnerships or companies. However there is a small number of small -scale miners who register, this came about as a result of lack of information on the process or procedure for registration.
- Zambia Environmental Management Agency is mandated to carry out an impact environmental assessment and to monitor the works of a mining project. However, due to a large number of un-licensed miners in the recent past, ZEMA has not adequately monitored the works of the miners.
- The miners are not insured against any accidents that may occur at the black mountain.
- Small scale miners face physical and chemical hazards because of lack of protective clothing which therefore affect their health.
7.0 Can the environment be made safe for the miners? Any Recommendations
- There is need to put in place a mechanism that will ensure all small scale miners are registered and licenced at the black mountain, following a strict adherence on mandatory registration of small scale miners. Further, the mines and safety department needs to carry out regular sensitisation on the process and benefits of registering as small scale miners.
- There is need for Zambia Environmental Management Agency to continuously monitor the environment at the black mountain so as to ascertain the safety of the environment. The Agency should carry out comprehensive risk assessment of the physical structure of the slag dump (black Mountain) to provide a clear understanding of the safety precautions to be taken while reclaiming material
- There is a need to come up with a Fund that will specifically help the small scale miners in calamities. In the absence of the fund, the miners should be insured both for medical reasons and death/life insurance.
- There is need for mines and safety department to ensure that safety of the small scale miners working at the black mountain is secured and that safety rules are followed.
References
[1] J. Kapobe, C. Mazala, and R. Phiri, “KITWE BLACK MOUNTAIN – IS ZAMBIA REALISING THE TRUE VALUE FROM IT?”, Journal of Natural and Applied Sciences, vol. 3, no. 1, pp. 62-72, Jan. 2021.
[2] Artisanal and Small-Scale Mining Handbook for Zambia (2018)
[3] https://www.lusakatimes.com/2021/09/14/mines-minister-paul-kabuswe-suspend-mining-activities-at-all-black-mountains/
[4]https://www.znbc.co.zm/news/govt-hands-over-black-mountain at 28/03/2022
[5]https://www.facebook.com/HotFmZambia/photos/governance-activist-refers-to-scramble-for-black-mountain-as-source-of-anarchy-g
[6]https://www.themastonline.com/2018/06/21/disaster-strikes-kitwe-10-die-at-black-mountain/
[7] Section 12 and 13 of the mines and minerals Act No 11 of 2015
[8]http://www.dentonsmininglaw.com/mining-regulation-in-zambia/ 31/02/2022
[9]Section 12.