taken note of the Protocol on the Rights of Persons with Disabilities and consultations are
underway towards its ratification.
Article 21 - Wealth and Natural Resources
208 At the moment, there are 211 companies involved in exploration and mining and the list
is attached hereto as Annex 4.
209 The Mines and Minerals Act was enacted in 2019 to make provision with respect to
searching for and mining of minerals. Section 3 of the Act spells out its objective, which is
to regulate the development of the mineral resources of Malawi through adherence to
sustainable development principles in order to benefit the economy and promote the
economic growth of Malawi, protect and improve the welfare of the present and future
citizens of Malawi, provide an attractive and conducive environment for investment in the
mining sector, and to minimize or prevent economic declines related to decreased mining
activity by creating through training and other means a foundation for the future, social
economic empowerment, uplifting and development of local communities and regions
affected by mining;
210 Section 5 of the Act establishes the Mineral Resources Committee which shall consist of
the Commissioner who is appointed under Section 12 of the Act. The Committee is also
composed of, among other public Officers, the Inspector General of Police and Secretary
for Justice. The Committee shall meet at least once every two months.
211 Section 6 of the Act spells out the functions of the Committee. Some of its functions
include to recommend for granting, applications for exploration licences, retention licences,
medium scale mining licences and large-scale mining licences, recommend applications to
expand the area of a medium-scale mining licence or large-scale mining licence,
recommend, upon mandatory referral by the Commissioner, whether an exploration licence,
retention licence or large-scale mining licence should be cancelled, to determine, on appeal
by a mineral tenement holder, whether an emergency suspension order, is reasonable, and
to deal with complaints concerning the holders of exploration licences, retention licences,
medium-scale mining licences and large-scale mining licences.
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