Africa-Press – Zambia. Land in Zambia is regulated by the constitution and over 23 Acts of parliament.
The Lands Acts in part ll section (1) provides ,”Notwithstanding anything to the contrary contained in any other law, instrument or document, but subject to this Act, all land in Zambia shall vest absolutely in the President and shall be held by him in perpetuity for and on behalf of the people of Zambia”.
Arising from the above all of us are tenants ; this is why title deeds are for 99 years , 66 years , or more depending on the use and citizenship or status of applicant.
Among the acts of parliament that regulate mining include , the principle Act which is the Mines and Minerals Act , Minerals Regulation Commission Act to be fully operationalized , Geological and Minerals Development Act no. 2 of 2025 , the Water Resources management Act , the Urban and Regional Planning Act , the Land Survey Act , among other acts of parliament.
The presence of law means , we cannot mine illegally; we can build on land illegally. Even customary land requires consent of the traditional leadership.
Mining is only regulated by the state through statutory law. Statutory law is written law – it is different from customary law , because customary law is unwritten , but it must be knowm to exist.
When there is a conflict between customary law and statutory law ,over land matters , Statutory law takes precedence.
Suffices to say , Customary law does not regulate mining.Therefore , no traditional leadership has power over mineral exploitation in Zambia.
The rule of law should be upheld by all. No citizen is allowed to own land or mine without required documentation – no miner is required to use weapons to conduct mining activities by force in any part of the country.
In some failed states , regions rich in minerals are controlled by illegal armed forces or militia – this is not what we want to see in Zambia.
You cannot allow foreigners going to an illegal mine and Zambians are glorifying such activities- meanwhile getting military weapons in exchange for minerals.
We have seen how some countries in Africa have almost lost their sovereignty to illegal mining; illegal visitors have gone to mine illegally… at the end the state loses control.
While it is sad that a life is lost ,in the process , this is not the main intention of government ; the idea is to stop criminality not by killing but by engaging the illegal miners who unfortunately , responded with riots and guns against the police.
Yes ! It is painful to lose a relative. Very painful, especially when we can avoid death. But how do we avoid death? We avoid death by engaging in safe and legal mining habits.
“There is no better excuse in ending life of another person “- and this is what President Hichilema is saying.
You do not need to commit a crime in order to eat. If we go by the principle that committing a crime in order to eat is right , then we should as well legalize theft in homes.
But God forbid , crime must be stopped by lawful institutions as has been the case.
Many citizens do recall that even where the state has not moved to stop illegal mining , youths have been buried to death in those mining areas.
Many may recall that not long ago , youths were buried in Chingola ; some of the victims of the chingola mine accident have not been recovered to date- and it is this behavior government wants to stop.
In Northwestern , more citizens were buried and government cannot keep quiet and allow people to die in that manner.
Government is not stopping people from eating or conducting mining activities ;All government is saying is , can we train you , give you documentation so that you can mine properly and safely ; This is a solution to the problem of illegal mining. A solution is not found in political blackmail especially ahead of the 2026 elections – but in doing what is right.
Political blackmail as a way of doing wrong things should never be an option. Criminality under the previous leadership hid in politics ;
We saw people illegally exporting mukula through politics.Is this what we want to see come back? We saw youths armed in town killing each other when going for rallies ; is this what we want to see again? Let us not allow that behavior to come back.
We cannot commit crime in order to eat !! As a country , let us reflect as we sympathize with dead , while safeguarding the interests of the living.
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