28 Jul 2024

Ministry of Minerals and Energy is reviewing and amending the Mines and Minerals Act to align it with best practices around the world.

Presenting the Mines and Minerals Amendment Bill 2024 in Parliament on Wednesday, the Minister of Minerals and Energy, Mr Lefoko Moagi said the Act was reviewed and amended in order for Botswana to remain competitive.

He said the amendment sought to modernise minerals legislation and align it to policy aspirations, as well as to accommodate views raised by stakeholders and to rectify some areas where there were discrepancies.

He said developments in the industry had made it necessary for the ministry to review the current Act.

Proposed changes, Mr Moagi said, included clause 6 of the bill which amends section 12 of the Act to introduce a new subsection that requires the holder of a mineral concession to beneficiate the minerals produced in Botswana as far as it is economically feasible and to the satisfaction of the minister.

The clause further amends section 12 to provide that mineral concession holders give preference to Botswana citizens, companies incorporated in Botswana as well as companies registered in Botswana, including manufacturing companies in Botswana and for the submission of reports to the minister, every three months, on all activities provided for under section 12 of the Act

Mr Moagi said clause 4 of the bill amends section 3 of the Act to enhance the powers of the minister to ensure that in the public interest, the needs of Botswana’s economy were met by the mineral resources produced in Botswana before being exported.

He spoke of Clause 32, which amends section 65 of the Act by providing that an applicant for a mining license or retention license or renewal thereof shall prepare and submit an environmental impact assessment and the mining license shall not be granted until the environmental assessment is authorised in terms of the Environmental Assessment Act

Mr Moagi also said government was  willing to increase penalties to curb harm to the environment.
Debating the bill, Lobatse MP, Dr Thapelo Matsheka said it was government’s intention to develop and promote the private sector and therefore advised that the ease of doing mining business in the country should not be impeded.

Citing clause 27, Dr Matsheka said giving too much power to minister could cause mishaps, and  would not empower citizens.
Palapye MP, Mr Onneetse Ramogapi was against the escalation of penalties, arguing  that the P1 million charge was too steep for an ordinary Motswana.

He also spoke against clause 5 of the bill which amends section 6 of the Act to provide that no mineral concession shall be granted to an individual who has been a director or shareholder of any company that is in default in terms of the Act.

On rehabilitation of land, he said a standard procedure of mining should be followed to help mitigate the impact after mines were closed.

He said there was need for reclamation practices to help recoup the environmental biodiversity.

Mahalapye West MP, Mr David Tshere embraced the bill,expressing hope that it would address illegal sand mining.

He said there was illegal sand mining on the Mahalapye river adding that stiffer penalties could be a deterrent.

Selibe Phikwe West MP, Mr  Dithapelo Keorapetse was of the view that the power of the minister in mining processes was not advisable adding that the power should go to the board.

He further said giving the power to one person could be detrimental to the society.  Ends