Malawi Mining Law Review Sparks Transparency Debate

The Malawian government is reviewing a mining law that allows companies to keep certain information confidential, sparking debate between civil society groups and the mining industry. The Mines and Minerals (Amendment) Bill, 2026, aims to determine whether to narrow or retain the confidentiality provision. Civil society organisations argue that the current framework entrenches secrecy in a sector involving public resources and community interests.

The Natural Resources Justice Network (NRJN) is pushing for greater transparency, arguing that disclosure should be the default position, with confidentiality allowed only in clearly justified circumstances. NRJN national coordinator Kennedy Rashid stated that mining agreements, licensing decisions, and environmental assessments affect public revenue and community livelihoods. Citizens need access to such information to assess whether companies are meeting their obligations.

However, the Malawi Chamber of Mines and Energy defends the confidentiality provision, stating that it protects proprietary technical information rather than mining agreements or public interest documents. National coordinator Grain Malunga argued that raw scientific data and processing technologies generated during exploration and mining should remain confidential due to investment and commercial risks.

The mining industry maintains that section 41(5) of the Mines and Minerals Act, 2023, should remain unchanged. Malunga stated that exploration generates valuable information that companies need to protect to recover investment risks and costs. The Chamber has submitted comments on the amendment Bill to the government.

The debate highlights the challenge of balancing transparency demands with industry calls for confidentiality. Malawi has made progress in opening up mining information, including publishing the Mining Development Agreement for the Kayelekera Uranium Mine. However, disclosure has been uneven, with some technical and financial information excluded.

Communities living alongside mining projects are particularly affected by the lack of transparency. Residents at Songwe Hill in Phalombe have raised concerns about their limited understanding of documents governing the proposed rare earth mining project. The issue is crucial for communities whose livelihoods, land rights, and environment can be affected by mining decisions.

The Malawian government has committed to mandating public disclosure of mining contracts and environmental assessments by 2030 under the World Bank-supported Malawi Metals and Minerals Country Compact. The review of the mining law will determine whether the government narrows the confidentiality provision or retains a framework that prioritises secrecy.

Key points

• The Malawian government reviews its mining law to balance transparency demands with industry calls for confidentiality.
• Civil society groups push for greater transparency, citing the need for public access to mining agreements and environmental assessments.
• The mining industry defends the confidentiality provision, arguing that it protects proprietary technical information and investment risks.