Regulations leave small-scale miners in the lurch

Since September, applications for claims from Namibian small-scale miners, where applications for exclusive prospecting licenses (EPL) have already been submitted, are no longer being accepted by the mines ministry.The ministry’s executive director, Penda Ithindi, said in response to an inquiry that this is being done in accordance with the Minerals Act, Number 33 of 1992. He explained that the Act, in Section 16(2), prohibits the holder of a non-exclusive prospecting license (NEPL) from establishing a mining claim within an area where mineral rights have already been granted or applied for.This change in the application of the law was never officially announced.Small-scale mining enthusiast Stanley Kambonde was surprised when, on 11 September, he was informed by the ministry that his application for three claims would not be accepted or considered at all. On 20 September, Kambonde submitted a 38-page appeal, including the attached consent from the relevant traditional authority and the regional governor. He has not yet received a response.Meanwhile, Ithindi confirmed to Namibian Sun's sister publication Republikein that the ministry receives an average of between 100 and 200 mineral rights applications every month. Small-scale miners who wish to apply for claims are encouraged by Ithindi to first consult the public land map – available online – to see if applications have already been submitted for the area where they want to mine.Negative consequences Kambonde pointed out that NEPL holders must first stake a mining claim before they can apply for it. “This decision means that NEPL holders nationwide will not be able to stake or apply for a claim if the coordinates fall within the area of an existing or pending EPL. The decision impacts not only small-scale miners but also other Namibians and Namibian companies that wish to conduct exploration or mining on claims,” he explained.Claims are only available to Namibian citizens and companies, allowing limited mining activities, while EPLs cover larger areas and only permit exploration work. Applications for claims cost N$250 each, while EPL applications require thousands of dollars. The majority of Namibian miners do not meet the strict requirements for EPL applications, Kambonde says.Through claims, Namibians become involved in mining, with examples like Kunene Crush Stones and Kaokoland Mining, which have successfully supplied copper ore to the smelter in Tsumeb in the past, Kambonde pointed out. “The entire mining industry, not just small-scale miners, could be negatively affected by such decisions, as claim holders play a crucial role in the entire mining value chain,” Kambonde said. Big hurdlesTekla Mutero, founder and president of the Emerging Mining Association of Namibia, was unaware of the developments when Republikein approached her for comment.Nevertheless, she stated that there is an imbalance between the rights of small-scale miners and EPL holders in Namibia.Additionally, Mutero said the challenge in the Erongo Region is that almost the entire area is covered by EPLs. Many EPL holders refuse to allow small-scale miners to work on their land, and some hold the EPL for an extended period while searching for buyers or investors. EPL holders often apply for various types of minerals, which effectively excludes small-scale miners, she said.“The ministry rarely engages with us locals, and there is no inclusivity. Our inputs are not considered, and we are not informed. The focus is solely on the large-scale operators,” she stressed.Mutero said the majority of small-scale miners are disadvantaged Namibians – vulnerable, impoverished and many without education.Access to the internet is hindered by simplistic cell phones and a lack of network coverage. Furthermore, payments to the ministry can only be made in Windhoek at a single cashier who works only until 12:00 and has to serve many other clients as well, she added.Small-scale miners must travel to the capital from remote locations, ensuring they arrive in the morning; otherwise, they will have to find somewhere to sleep, she noted.“The law does not protect local small-scale miners,” she said.

Regulations leave small-scale miners in the lurch

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Namibian Sun 2025-05-02

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Regulations leave small-scale miners in the lurch

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Namibian Sun 2025-05-02

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