The mines and minerals development Act No.7 of 2008: innovations,potential problems and proposed solutions

Abstract

Despite the numerous attempts to diversify the Zambian economy, mining remains the major contributor to the national cake. Due to the shift in political ideology, Zambia's economic policy changed to suit the environment. Consequently, the mining industry was not to be left untouched. During the one party era, nationalization of private property affected the sector. This was achieved through the mechanism of the law. Furthermore, upon reverting to participatory democracy and principles of economic liberalization, the mining sector was handed back to private hands. The dissertation addresses the teething problems the Mines and Minerals Development Act No.7 of 2008 has come to be associated with. Chief among them are the questions of; accrued rights, intent behind the Savings and Transitional Provisions to mention but a few. This exposition demystifies the Act by reviewing the sections giving rise to debate. The work of scholars such as Ndulo is reviewed and deviated from by citing relevant legal provisions expressing a contrary view. Lastly, this dissertation reviews incentives a Zambian citizen is entitled to if any. This work reviews mining legislation vis a vis the innovations provided to Zambians engaged in mining. Further, the Zambia Development Agency Act has enjoyed wide consultation.