As ZMF backs the move.
By Harry Taruva
Barely 3 weeks after announcing the banning of export of Unbeneficiated Lithium ores, the Zimbabwe government has once again come out strongly to safeguard the country’s Mineral resources by announcing a blanket ban on export of all Unbeneficiated base Mineral ores.
Mines Minister Winston Chitando this week promulgated S.I.5 of 2023 the Base Minerals Export Control ( Unbeneficiated Base Minerals Order, 2023).
Said Chitando ” Under the powers conferred upon me by section 3(1)(a) of the Base Minerals Export Control Act …”
” No Unbeneficiated Base Mineral ores shall be exported from Zimbabwe to another country except under written permit of the Minister….”
Meanwhile the Zimbabwe Miners Federation has applauded the ban saying it safeguards the country ‘ s Minerals and help generate more revenue .
ZMF President Ms Henrietta Rushwaya said.” The ban is important because there have been a lot of leakages , loss of revenue on government’s part, not realising the true value of the resource which has a negative impact on the realisation of the US 12billion mining industry by the year 2023″
” The ban will also lead to the participation of serious players in the beneficiation process and the creation of local jobs and transfer of skills by experts” said Ms Rushwaya in applauding the move by government.
The ban comes amid an outcry from non governmental organisations and pressure groups who have been voicing concern over the granting of mining deals to foreign companies especially the Chinese.
Below is the full text of S.I.5 of 2023.
S.I. 5 of 2023
27
Statutory Instrument 5 of 2023.
[CAP. 21:05
Base Minerals Export Control (Unbene
fi ciated Base Mineral Ores)
Order, 2023
UNDER the powers conferred upon me by section 3(1)(a) of
the Base Minerals Export Control Act [Chapter 21:05], I, Wiston
Chitando, MP, Minister of Mines and Mining Development, by this
my order direct that with immediate effect as follows:—
1. This order may be cited as the Base Minerals Export Control
(Unbene
fi ciated Base Mineral Ores) Order, 2023.
2. In this order—
“mineral” has the meaning given to it by section 5(1) of the
Mines and Minerals Act [Chapter 21:05];
“ore” means all forms of minerals or mineral aggregates
which in the abstract are of economic value;
“base minerals” means coal and all other minerals and mineral
substances, and includes coke and all such slimes,
concentrates, slags, tailings and residues as are valuable
and contain base minerals as hereinbefore de
fi ned,
but does not include precious metals, precious stones,
mineral oils and natural gases;
“precious metals” means gold, silver, platinum and platinoid
metals in an unmanufactured state, and includes all
such slimes, concentrates, slags, tailings, residues and
amalgams as are valuable and contain such precious
metals;
“precious stones” means beryls, diamonds, emeralds, rubies
and any other substances which the President has
declared to be precious stones in terms of the Mines
and Minerals Act [Chapter 21:05];
“unbene
fi ciated base mineral ore” means any ore of whatever
base mineral that has not undergone processing within
Zimbabwe to any extent.
3. (1) No unbene
fi ciated base mineral ores shall be exported
from Zimbabwe to another country except under written permit of
the Minister given in either of the following circumstances on written
application to him by any miner or other interested person—
28
Base Minerals Export Control (Unbene
fi ciated Base Mineral Ores)
Order, 2023
(a) the export of any unbene
fi ciated base mineral ore in
respect of which the applicant produces compelling
reasons to the Minister showing that no such ore is
capable of being bene
fi ciated to any extent within
Zimbabwe; or
(b) the export of samples of any unbene
fi ciated base mineral
ore for assaying outside Zimbabwe, upon production
of proof satisfactory to the Minister that such assay
cannot be satisfactorily done in Zimbabwe, and that the
quantity to be exported for that purpose is necessary for
that purpose.
4. The Base Minerals Export Control (Unbene
fi ciated Lithium
Bearing Ores) Order, 2022, published in Statutory Instrument 213 of
2022, is repealed (without, however, affecting the validity of anything
done by the Minister under that Order).
5. To avoid doubt—
(a) section 5 of the principal Act provides that “An order
shall have effect notwithstanding anything inconsistent
therewith in any other enactment or any trade or customs
agreement to which the State is a party”; and
(b) section 6 of the principal Act provides that any person
who contravenes or fails to comply with any order or
with the terms and conditions of any permit issued to
him or her under an order shall be guilty of an offence
and liable to—
(i) a
fi ne not exceeding level 9 or twice the value of
the base minerals in respect of which the offence
is committed, whichever is the greater; or
(ii) imprisonment for a period not exceeding two years;
or to both such
fi ne and such imprisonment.
Supplement to the Zimbabwean Government Gazette Extraordinary dated the 6th January, 2023.
Printed by the Government Printer, Harare.
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