ZAMBIA Law and Practice Contributed by: Harriet Mdala, Natasha Lungu, Samuel Muleya and Chanda Musonda-Chiluba, MAY & Company
the people of Zambia. The rights of landowners in Zambia do not extend to minerals, oils, or precious stones found on or beneath their land. Consequently, even if an individual holds title to land where minerals are discovered, ownership of those minerals remains vested in the President, acting on behalf of the people of Zambia. Surface rights and mining rights are therefore separate under Zambian law. 1.4 Role of the State in Mining Law and Regulations The State adopts a hybrid role in the mining sector, functioning as both a grantor-regulator and an owner- operator. Role of the State as Grantor-Regulator Under the Minerals Act, the State, acting through the Minerals Regulation Commission, is responsible for granting, suspending, and revoking mining and non- mining rights, regulating industry operations, and promoting research and effective management of the country’s mineral resources. Complementing this mandate, the GMD Act estab - lishes the offices of the Director of Geological Sur - vey, the Director of Artisanal and Small-Scale Mining, and the Director of Large-Scale Mining and Mineral Investment Promotion, each tasked with overseeing geological mapping, exploration, and the sustainable development of both small-scale and large-scale min - ing activities. Role of the State as Owner-Operator The State also actively participates in mining opera - tions through its investment vehicle, ZCCM Invest - ments Holdings PLC (ZCCM-IH). ZCCM-IH originated from Zambia’s consolidation of mining assets in 1982, following earlier government nationalisations in 1968 and 1969. Initially formed to manage copper mining, ZCCM-IH now holds minority stakes in privatised mining companies and assets, including energy and real estate, while maintaining strategic influence over Zambia’s mining sector. Additionally, Section 14 of the Minerals Act grants the government the authority to acquire mining rights for
purposes of government investment in designated areas. The Section outlines a framework allowing the government to reserve specific areas for investment by acquiring mining rights. These areas are protected from applications by private individuals or entities, ensuring exclusivity for government-led projects. Rights obtained under this provision are then allocat - ed to government investment companies, ensuring Article 16 of the Constitution of Zambia recognises the right to property. Specifically, Article 16 (u) and (x) of the Constitution provide that property can, among other things, consist of any licence or permit. It also provides that it can be any mineral, mineral oil, natu - ral gas, or any rights accruing by virtue of any title or licence for the purpose of searching for or mining any mineral, mineral oil or natural gas. compliance with relevant laws. 1.5 Nature of Mineral Rights Mineral rights, therefore, have the status of property and derive from law under Article 16 of the Consti - tution and the Minerals Act. Mining rights are thus protected under the Constitution and any person deprived of these rights may be able to challenge the In Zambia, the authority responsible for granting mineral rights is the Commission, which functions at the national level. Although recently established and not yet fully operational, the Commission anticipates receiving applications submitted through regional offices, which will then be forwarded to Lusaka for processing. There is no overlap of jurisdiction between national and provincial structures in the granting of mineral rights, as the process is fully centralised under the Minerals Act. 1.7 Mining: Security of Tenure In Zambia, the framework for security of tenure in the mining sector is established under the Minerals Act. It provides a structured system for granting, maintain - ing, and enforcing mining rights, ensuring stability and predictability for investors while safeguarding national interests. deprivation as being unconstitutional. 1.6 Granting of Mineral Rights
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