Host communities and the award and utilisation of mineral rights in Zimbabwe

Abstract

Minerals are non-renewable natural resources. Extraction of these resources leads to their exhaustion. This raises many questions, including, for instance, the involvement of host communities, access and distribution of benefits derived from the exploitation that centre on these non-renewable resources. These questions are most prominent when it comes to mineral extraction on lands that are inhabited by so-called mine-host communities. Extraction of minerals on such lands often leaves the communities socio-economically and environmentally worse off when compared to the time prior to the entry of mining companies on their lands for extraction of the minerals. Instances such as these are often characterised by the terms ‘resource curse’ or the ‘paradox of plenty’. Zimbabwe, a mineral-rich country, has not been spared by the paradox of plenty, as mine-host communities in the country live in abject poverty while they are surrounded by abundant mineral resources that are extracted to the benefit of mining companies or a few politically connected elites. In an endeavour to understand the legal tools available for mine-host communities to regain control over their lands and mineral resources thereon in order to improve their socio-economic well-being, this thesis considers requirements set out in international and regional regulatory instruments when it comes to mine-host community involvement in, and benefit accrual from mineral extraction. The thesis focuses on how these requirements are realised in the Zimbabwean constitutional, policy and legislative frameworks. The thesis commences with an exposition of the theories of social justice to lay the foundations for the involvement of mine-host communities in and benefit accrual from mineral extraction on the lands they inhabit. This is followed by sections that unpack applicable provisions in international and regional regulatory instruments against which the Zimbabwean constitutional, policy and legislative frameworks can be evaluated. The thesis proceeds to an overview of the Zimbabwean frameworks followed by a discussion of the South African frameworks. Recommendations for reform are then made based on requirements observed in international and regional regulatory instruments and lessons distilled from the overview of the South African frameworks.