Twelve Countries
Government
Who issues what, in every country NDARAMA covers. We send people to their mining department, not around it.
Every one of these twelve countries reserves artisanal and small-scale mining to its own nationals. That single fact shapes almost every decision a reader of this page will make.
Researched from the governing statutes and re-verified against them on 22 October 2026, together with the ministries and the mining cadastres. Where a figure could not be confirmed against a primary source it is marked as unconfirmed rather than stated as fact. Mining law in this region moves: Zambia replaced its entire licensing regime in 2025 and Mozambique replaced its mining law in 2026.
BWBotswana
The governing law. Mines and Minerals Act, 1999 (Chapter 66:01), materially amended by the Mines and Minerals (Amendment) Act No. 14 of 2024, which commenced on 1 October 2025.
Botswana is the jurisdiction most often reported out of date. The 2024 amendment is live law, and it changed the ownership position: where Government does not take up its working interest, the licence holder must offer up to 24 per cent to citizens or citizen-owned companies within three years.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Prospecting licence | Prospect, drill, excavate and camp on the licensed land. | Up to 1,000 km2 per licence; 10,000 km2 cumulative across a company and its subsidiaries. At least half the area relinquished at the end of the initial term. |
| Retention licence | Hold an area for future mining where the deposit cannot yet be mined profitably. | The prospecting area it covers. |
| Mining licence | Mine, build plant, process, sell and stack waste. | No numeric maximum; limited to what the mining programme reasonably requires. |
| Minerals permit | Small-scale mining of minerals other than diamonds. This is Botswana's small-scale route. | 0.5 km2 (50 hectares) per permit. |
| Industrial minerals permit | Industrial minerals at permit scale. | As for the minerals permit. |
| Coal bed methane licence | Extract coal bed methane. Created by the 2024 amendment. | Area and term provisions could not be confirmed. |
Artisanal and Small-Scale Mining
There is no separate artisanal permit. Small-scale mining is defined as mining minerals other than precious stones and precious metals involving less than 50,000 tonnes of raw ore a year, and the statutory vehicle is the minerals permit at 50 hectares for up to 10 years. The 2024 amendment raised penalties sharply and allows authorised officers to confiscate equipment used in contravention of the Act.
Foreign Ownership
No general cap on foreign ownership of prospecting, retention or mining licences. Government may take up to a 15 per cent working interest on the grant of a mining licence, excluding diamonds, which are negotiated separately. Where it does not, the holder must dispose of up to 24 per cent of the working interest to citizens or citizen-owned companies within three years, with the obligation lapsing if no citizen buyer takes it up despite genuine effort. Industrial minerals carry hard citizen thresholds: more than 60 per cent for the mining licence, 100 per cent for the permit.
Where to Apply
Ministry of Minerals and Energy
Plot 50676, Block C, Fairgrounds Office Park, Gaborone. Private Bag 0018, Gaborone.
+267 365 6600
mmepro@gov.bw · https://www.gov.bw/ministries/ministry-minerals-and-energy
Department of Mines, Plot 61920, Block C, Letsema Office Park, Gaborone. Private Bag 0049. Telephone +267 365 7000, mines@gov.bw. Open 07:30 to 12:45 and 13:45 to 16:30, Monday to Friday.
Not confirmed against a primary source: Whether the 2024 amendment retained the P1 million fixed-asset limb in the definition of small-scale mining. Area and term provisions for the new coal bed methane licence.
ZASouth Africa
The governing law. Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended. The draft Mineral Resources Development Bill published in May 2025 had not been introduced in Parliament as at September 2026 and is not law.
Two things are frequently reported wrongly here. The 2025 Bill is a draft that has not reached Parliament. And the Artisanal and Small-Scale Mining Policy of 2022 is policy rather than legislation - it proposes an artisanal mining permit that does not yet exist.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Reconnaissance permission | Regional, non-invasive reconnaissance only. | Not stated in the sources reached. |
| Prospecting right | Survey and investigate land to establish a deposit. A limited real right. | No statutory maximum. |
| Retention permit | Hold an area where a deposit has been established but cannot yet be mined economically. | The prospecting area. |
| Mining right | Mine over a defined area. | No statutory maximum. |
| Mining permit | Small-scale mining where the mineral can be mined optimally within two years. This is the only small-scale instrument in force. | The mining area may not exceed 1.5 hectares. |
Artisanal and Small-Scale Mining
There is no dedicated artisanal mining permit in force. The Artisanal and Small-Scale Mining Policy, 2022 proposes an Artisanal Mining Permit and a Small-Scale Mining Permit, reserved for South Africans and for companies registered under the Companies Act with operations in South Africa, with co-operatives prioritised. Until legislation follows, section 27 of the MPRDA and its 1.5 hectare mining permit remain the governing framework. The policy document's own summary refers to 5 hectares, which conflicts with the statute; the statutory figure of 1.5 hectares is the one to rely on.
Foreign Ownership
No cap on foreign ownership and no citizenship requirement for a prospecting or mining right. The constraint is empowerment rather than nationality: under the Mining Charter 2018 a new mining right requires a minimum 30 per cent BEE shareholding split among qualifying employees, host communities and a BEE entrepreneur. A court has held the 2018 Charter to be policy rather than binding law. Ministerial consent under section 11 is required to transfer a right or a controlling interest in an unlisted holder, and a 2026 Supreme Court ruling confirmed that indirect changes of control also require it.
Where to Apply
Department of Mineral and Petroleum Resources (DMPR)
192 Visagie Street, corner Paul Kruger and Visagie Streets, Pretoria. Private Bag X96, Pretoria 0001. An alternate listing gives 71 Trevenna Campus, corner Meintjies and Francis Baard Streets, Pretoria.
+27 12 406 8000
info@dmre.gov.za · https://www.dmpr.gov.za
Applications are lodged through SAMRAD, the South African Mineral Resources Administration Database, and first assessed by the Regional Manager of the relevant regional office. SAMRAD is being replaced by the Indwe Mining Licensing System, piloted in the Western Cape from 2025 with the Eastern Cape next. Confirm which system your province is using before lodging.
Not confirmed against a primary source: The three-year initial term of the retention permit is statute-derived but worth confirming directly with the department.
ZWZimbabwe
The governing law. Mines and Minerals Act [Chapter 21:05]. The Mines and Minerals Bill, 2025 (H.B. 1, 2025) was gazetted on 25 June 2025 and would repeal and replace Chapter 21:05 outright, but it is NOT law: as at the most recent parliamentary tracking in September 2026 it was still before the National Assembly on the Parliamentary Legal Committee's adverse report, which raised 21 constitutional concerns.
Chapter 21:05 is current, and it is current only because the replacement has stalled. The Bill would change the architecture completely - abolishing Exclusive Prospecting Orders, capping an exclusive prospecting licence at 40 hectares for 12 months, creating the first express statutory small-scale mining category restricted to citizens and permanent residents, establishing a Mining Cadastre Register, and applying a use-it-or-lose-it rule so that paying annual fees alone will not preserve a title. None of that is operative. Even on assent, the Bill commences on the ninetieth day after promulgation, deferrable by a further 60 days.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Prospecting licence | Prospect and peg. | Not an area instrument. |
| Registered mining location (block or claim) | Mine the registered location. Created by pegging a discovery and registering it. | Approximately 10 hectares per block for precious metals and precious stones. The base metals figure could not be reconciled - reputable sources give both 25 and 50 hectares. |
| Exclusive Prospecting Order (EPO) | Exclusive prospecting over a large area for all minerals except coal, barring others from registering titles inside it. | Up to 65,000 hectares, varying by mineral. |
| Mining lease | Mining rights over all mineral categories within a defined area, on an amalgamation of contiguous locations. | No statutory maximum found. |
| Special mining lease | Large-scale mining where development is wholly or mainly in foreign currency with product mainly for export. | Based on contiguous registered locations. |
| Special grant | Mine on terms specified in the grant, including in reserved areas. Coal, mineral oils and natural gas may be acquired ONLY by special grant. | Reported as up to 200,000 hectares for coal and 100,000 hectares for coalbed methane and natural gas. |
Artisanal and Small-Scale Mining
Chapter 21:05 contains no dedicated artisanal or small-scale mining permit. Artisanal and small-scale miners formalise by taking out an ordinary prospecting licence as a permanent resident and registering blocks, which is why the 10-hectare precious metals block is in practice the artisanal gold title. This is the largest practical gap in Zimbabwe's current law. Gold disposal is regulated separately under the Gold Trade Act [Chapter 21:03], and the fiscal regime recognises small producers through a 1 per cent gold royalty on the first 0.5 kilogram a month delivered to a holder of a gold dealing licence, against 5 per cent for others. Alluvial mining is restricted under SI 92 of 2014.
Foreign Ownership
No general indigenisation requirement: the Indigenisation and Economic Empowerment Act was amended in 2018 and under Finance Act No. 2 of 2020 no minerals are classified under indigenisation requirements. Foreigners may hold 100 per cent of a mining company, subject to two constraints: diamond and platinum mining is capped at 49 per cent foreign shareholding, and at least one director must be a Zimbabwean resident. A foreign investor must incorporate locally and obtain an Investment Licence from ZIDA. Under the Finance Act 2023, strategic minerals require a special mining lease or special grant with a defined State stake.
Where to Apply
Ministry of Mines and Mining Development
7th Floor, Zimre Centre, corner Leopold Takawira Street and Kwame Nkrumah Avenue, Causeway, Harare. P. Bag 7709, Causeway, Harare.
+263 242 777022 to 777029
Published listings are dated; confirm with the Permanent Secretary's office. · https://www.mines.gov.zw
Agencies under the ministry include the Zimbabwe Geological Survey, the Office of the Government Mining Engineer and the Minerals Marketing Corporation of Zimbabwe.
Not confirmed against a primary source: The base metals block area: reputable sources give both 25 and 50 hectares. Ministry telephone numbers were converted from a superseded Harare 04 format to the current +263 242 plan rather than verified against a live listing. The standard term of a mining lease. Whether a statutory gold panning certificate currently operates under Chapter 21:05.
ZMZambia
The governing law. Minerals Regulation Commission Act No. 14 of 2024, together with the Geological and Minerals Development Act No. 2 of 2025, both brought into operation on 13 June 2025 by Statutory Instrument No. 42 of 2025. These REPEAL and REPLACE the Mines and Minerals Development Act No. 11 of 2015.
Zambia has been through the most complete overhaul in the region. A Minerals Regulation Commission (Amendment) Act No. 40 of 2026 was enacted in June 2026 but was still uncommenced as at August 2026, so its provisions are not operative. Licences issued under the 2015 Act remain valid until expiry or revocation. Area is expressed in cadastre units, where one unit is approximately 3.34 hectares.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Large-scale exploration licence | Explore for minerals. | 301 to 59,880 cadastre units, approximately 2,011 to 399,998 hectares. At least 50 per cent relinquished at each renewal. |
| Small-scale exploration licence | Explore at small scale. | Could not be confirmed. |
| Artisanal mining licence | Artisanal mining. This is the key small-scale instrument. | 2 cadastre units, 6.68 hectares. |
| Small-scale mining licence | Mine at small scale. | 3 cadastre units (about 10 hectares) up to a cap reported as 1,000 hectares under section 11(3) of the 2024 Act, raised from 400.8 hectares under the 2015 Act. |
| Large-scale mining licence | Mine at large scale. | 121 to 7,485 cadastre units, approximately 404 to 24,999 hectares. |
| Mineral processing licence | Process minerals. | Not an area instrument. |
| Gold panning certificate | Pan for gold. | Not an area instrument. |
| Mineral trading permit | Trade in minerals. Required to buy minerals for resale. | Not an area instrument. |
| Mineral import and export permit | Import or export minerals, limited to the quantities stated. | Not an area instrument. |
Artisanal and Small-Scale Mining
Zambia is the most developed of the twelve on this point. The artisanal mining licence is a free-standing statutory instrument: three years, maximum 6.68 hectares, citizens or wholly citizen co-operatives only, no radioactive minerals, pegging certificate within 180 days, landholder and chiefly consent required. New under section 20(5) of the 2024 Act, foreign parties may now partner or joint-venture with artisanal rights holders with the Commission's prior written approval and the miner's consent, which is a material liberalisation. The Geological and Minerals Development Act creates a Director of Artisanal and Small-Scale Mining charged with formalising the subsector.
Foreign Ownership
No general requirement for Zambian or state equity in exploration, large-scale mining or mineral processing, and no free carried interest for the State. The restrictions are tied to the smaller tiers: artisanal and small-scale mining licences, small-scale gemstone licences and prospecting permits are reserved for Zambians. The Citizens Economic Empowerment Act No. 9 of 2006 defines a citizen-owned company as one with at least 50.1 per cent citizen equity and significant citizen control, citizen-empowered as 25 to 50 per cent, and citizen-influenced as 5 to 25 per cent with significant citizen control. A person may hold no more than five mining rights. Local content is a separate obligation under SI No. 68 of 2025, effective 1 January 2026, requiring a minimum share of annual procurement to go to local suppliers.
Where to Apply
Ministry of Mines and Minerals Development; licensing sits with the Minerals Regulation Commission
Mining cadastre: Exploration House, Government Road, Lusaka.
No published number for the Minerals Regulation Commission could be confirmed. Contact the ministry directly.
Not confirmed. · https://www.mmmd.gov.zm
Environmental approvals remain with the Zambia Environmental Management Agency (ZEMA) under the Environmental Management Act No. 12 of 2011.
Not confirmed against a primary source: The small-scale mining licence cap: section 11(3) is reported as raising it to 1,000 hectares, but the old 400.8 hectare figure is still in circulation. The citizen-owned threshold: one guide states 75.1 per cent against the Citizens Economic Empowerment Act's 50.1 per cent. The statutory definition supports 50.1 per cent. The small-scale exploration licence area. The local content percentage under SI No. 68 of 2025. A published telephone number, postal address or website for the Minerals Regulation Commission. Whether the 2015 Act's director-residency rule survives in the 2024 Act.
CDDemocratic Republic of Congo
The governing law. Loi n° 007/2002 du 11 juillet 2002 portant Code minier, as amended by Loi n° 18/001 du 9 mars 2018, with the Reglement minier, Decret n° 038/2003, as amended by Decret n° 18/024 of 8 June 2018. A further revision was still at consultation stage in July 2026 with no draft bill published.
The cadastral unit is the carre, 84.95 hectares, and every perimeter is a polygon of contiguous whole carres. One figure that circulates widely is wrong: the subcontracting law, Loi n° 17/001 of 2017, reserves subcontracting to companies with Congolese capital promoted by Congolese, and sets NO numerical ownership threshold. The 51 per cent figure quoted in the mining press is an interpretation attributed to the regulator, not a statutory percentage.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Permis de recherches (exploration permit) | Exclusive right to explore for the substances named in it. | Maximum 400 km2. One holder and its affiliates may hold no more than fifty, and no more than 20,000 km2 nationally. Fifty per cent relinquished on renewal. |
| Permis d'exploitation (mining permit) | Mine the deposit. | The area of the research permit it derives from, or the converted part. |
| Permis d'exploitation de petite mine (PEPM) | Semi-industrial working of deposits too small for full industrial mining. | As derived. |
| Permis d'exploitation des rejets (tailings permit) | Work mine waste and dumps for the substances named in it. | As defined. |
| Autorisation d'exploitation de carriere permanente | Permanent quarry working. | Capped at four carres where no prior research authorisation preceded it. |
| Carte de negociant (trader's card) | Trade artisanal production. Does NOT permit export. | Not an area instrument. |
| Agrement de comptoir d'achat et de vente | Operate a buying house. | Not an area instrument. |
Artisanal and Small-Scale Mining
Where a deposit cannot support industrial or semi-industrial working but can be worked by hand, the Minister may erect it by arrete into a zone d'exploitation artisanale (ZEA) of a maximum two carres, roughly 170 hectares. Only members of an approved mining cooperative may enter a ZEA. An artisanal miner must be a Congolese natural person of full age, must hold a carte d'exploitant artisanal issued by the provincial Minister of Mines, and must belong to an approved cooperative - membership being conditional on holding the card. Output must be commercialised through that cooperative, and holding or transporting it requires the miner's card plus a valid negociant card or approved-buyer status. The Minister may close a ZEA.
Foreign Ownership
The Code does not distinguish Congolese from foreign legal persons for acquiring mineral rights, but imposes three separate equity burdens. An applicant for an exploitation permit transfers ten per cent of its share capital to the State free of charge and non-dilutable, with a further five per cent free at each renewal. Article 71 bis, inserted in 2018, requires at least ten per cent of a mining company's share capital to be held by Congolese natural persons, split five per cent to individuals and five per cent to the company's own employees; a ministerial moratorium ran to 31 July 2026 and what followed could not be confirmed. Each transformation affiliate must be at least fifty-one per cent held by the permit holder. Artisanal digging and trading are reserved to Congolese nationals.
Where to Apply
Ministere des Mines
4eme Niveau, Immeuble du Gouvernement, croisement Boulevard du 30 Juin et avenue Pere Boka, Kinshasa/Gombe.
+243 813 427 111
info@mines.gouv.cd · https://www.mines.gouv.cd/public/
Cadastre Minier (CAMI): 5th floor, Immeuble GECAMINES, west wing, Boulevard du 30 Juin, Kinshasa/Gombe, with a Katanga office at avenue Industrielle n° 12. https://cami.cd/, cami@ic.cd. Secretariat General des Mines: 35, Avenue Pumbu, Kinshasa/Gombe, B.P. 886 KIN 1, +243 816 597 360, https://sg-mines-rdc.cd/.
Not confirmed against a primary source: Whether mining companies met the 31 July 2026 Article 71 bis deadline.
TZTanzania
The governing law. The Mining Act, No. 14 of 2010 (Cap. 123, Revised Edition 2019), substantially amended in 2017 and again in December 2022. Note that this repealed the Mining Act No. 5 of 1998 - any source citing the 1998 Act is out of date.
Two companion statutes of 2017 sit above the Act: the Natural Wealth and Resources (Permanent Sovereignty) Act and the Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act. Maximum areas come from the Mining (Mineral Rights) Regulations 2018.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Prospecting licence | Exclusive right to prospect for the minerals covered. | 300 km2 for metallic, energy and industrial minerals and kimberlitic diamond; 5 km2 for building materials and other gemstones. |
| Special mining licence | Large-scale mining, for capital investment of not less than US$100,000,000, tied to a development agreement. | 35 km2 for deposits other than superficial; 70 km2 for superficial deposits. |
| Mining licence | Medium-scale mining, for capital investment between US$100,000 and US$100,000,000. | 10 km2 for metallic, energy and industrial minerals and kimberlitic diamond; 1 km2 for building materials or other gemstones. |
| Primary mining licence | Small-scale mining, defined by initial capital investment not exceeding US$5 million and minimal machinery. This is the small-scale title. | 10 hectares for all minerals except building materials. |
| Processing licence | Process minerals. A primary processing licence covers ball-mill and sluicing operations. | Not an area instrument. |
| Smelting or refining licence | Smelt or refine minerals. | Not an area instrument. |
| Dealer's licence | Deal in minerals and export them. Not a mineral right but a trading authorisation. | Not an area instrument. |
| Broker's licence | Buy minerals at specific buying stations where Mineral and Gem Houses do not exist. | Not an area instrument. |
Artisanal and Small-Scale Mining
The primary mining licence is the small-scale title: seven years, maximum 10 hectares, restricted to Tanzanian citizens. The Commission may permit a foreigner to participate for technical support where that support cannot be sourced in Tanzania. Holders may amalgamate licences and convert them to a mining licence, must obtain the written consent of the lawful occupier, and file annual returns on operations, employment, output and accidents. They may sell directly to licensed dealers or at designated auction centres without a separate dealer's licence. The Mining (Technical Support to Small Scale Miners) Regulations 2025, in force 25 April 2025, now govern outside technical capacity: support runs through a written Technical Support Agreement approved and registered by the Commission, a foreign provider may be used only where the expertise is confirmed unavailable in Tanzania, and a foreign company must then operate through a joint venture with a Tanzanian company holding at least twenty per cent equity.
Foreign Ownership
The Government holds a free carried interest in all mining projects: holders of mining and special mining licences must grant the Government a non-dilutable interest of not less than sixteen per cent, which can rise to as much as fifty per cent depending on tax incentives granted, with a joint venture under the Mining (State Participation) Regulations 2022. On local content, following amendments in September 2025 an Indigenous Tanzanian Company must be wholly owned by Tanzanian citizens - the previous twenty per cent threshold was removed. A non-indigenous company must form a joint venture with an indigenous Tanzanian company holding at least twenty per cent equity, approved by the Commission before mining begins. At least five per cent of a mining company must be owned by an Indigenous Tanzanian Company.
Where to Apply
Ministry of Minerals (Wizara ya Madini)
Madini Street, Government City, Mtumba, Dodoma. P.O. Box 422, Dodoma.
+255 26 232 0148
ps@madini.go.tz · https://www.madini.go.tz
Mining Commission (Tume ya Madini): https://www.tumemadini.go.tz, P.O. Box 2292, telephone +255 26 232 3827.
Not confirmed against a primary source: The statutory terms of the dealer's and broker's licences. The Mining Commission's street address.
SZEswatini
The governing law. Mines and Minerals Act No. 4 of 2011, operating alongside the Diamond Act No. 3 of 2011, the Explosives Act 1961 and the Mines and Quarries (Safety) Regulations. No amending Act could be confirmed as in force.
Mining is one of only two sectors in Eswatini, with land ownership, where foreign ownership and control are limited. Decisions on the large-scale tier run through the Minerals Management Board to the iNgwenyama.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Reconnaissance licence | Non-exclusive reconnaissance operations, including geophysical and geochemical surveys, with rights to demarcate and erect temporary camps. | The Act states no maximum area. |
| Prospecting licence | Exclusive right to prospect in order to define a deposit and its economic value. | The Act states no maximum area. |
| Retention licence | Hold a deposit of potential commercial significance that cannot be developed immediately for reasons beyond the holder's control. | The retention area. |
| Mining licence | Exclusive right to mine the minerals specified, under an approved programme. | The Act states no maximum area; a plan of the mining area is required. |
| Prospecting permit | Non-exclusive right to prospect for the minerals specified. Small-scale tier. | The Act states no maximum area. |
| Mining permit | Exclusive right to conduct mining operations in the permit area. Small-scale tier. | The Act states no maximum area. |
| Mineral dealer's licence | Deal in minerals. Subject to a working-capital test. | Not an area instrument. |
| Goldsmith's licence | Work precious minerals. | Not an area instrument. |
Artisanal and Small-Scale Mining
Eswatini has no permit called artisanal. The small-scale tier is the prospecting permit and the mining permit, and it is the only citizenship-restricted tier in the Act: an individual holder must be a Swazi citizen and a body corporate one in which citizens hold a simple majority of the beneficial ownership, with the permit deemed cancelled if the holder ceases to be eligible. Some minerals are reserved for indigenous Swazi citizens. The Mining Department provides training on licensing, environment, health and safety, finance, taxation, reporting and labour law. No maximum area for either small-scale permit is stated in the Act.
Foreign Ownership
The King, in trust for the Swazi Nation, is granted a twenty-five per cent equity stake in all mining ventures, with a further twenty-five per cent to the Government - fifty per cent in total. This is stated on the authority of the United States Department of State Investment Climate Statement rather than a verified reading of the Act, because every digitised copy reachable truncates before the sections carrying the royalty and state participation provisions. What the Act text does confirm is that minerals acquired during reconnaissance and prospecting vest in the iNgwenyama in trust for the Swazi Nation, that buildings and machinery left at closure likewise vest, and that a minerals agreement may provide for participation by the iNgwenyama in trust for the Swazi nation. Holders must give preference to Swazi citizens in employment and to locally made goods and locally owned service providers.
Where to Apply
Mining Department, Ministry of Natural Resources and Energy
3rd Floor, Lilunga House, Somhlolo Road, Mbabane. P.O. Box 9.
+268 2404 4263 and +268 2404 3840
Not published; contact via the department. · https://www.gov.sz/index.php/departments-sp-623334762/mining-department
Geological Survey and Mines Department, Geological Survey and Mines Building, Mbabane, P.O. Box 57, telephone +268 2404 4330.
Not confirmed against a primary source: The section number imposing the twenty-five per cent King and twenty-five per cent Government equity stakes; the percentages rest on a State Department statement rather than a verified reading. The existence of any amending Act since 2011. The 2011 gazette text is OCR-scanned and partly garbled, so section numbers should be checked against a certified copy.
LSLesotho
The governing law. Mines and Minerals Act, No. 4 of 2005, as amended by the Mines and Minerals (Amendment) Act 2022. The framework also includes the Precious Stones Order 1970, the Mine Safety Act 1981 and the Minerals and Mining Policy 2015.
The 2022 amendment's central change was to add diamonds to the minerals a mineral permit can cover, legalising and formalising artisanal and small-scale diamond mining, which the 2005 Act had effectively outlawed. Its Act number and commencement date could not be confirmed, though both the USGS minerals review and the US State Department treat it as in force.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Prospecting licence | Exclusive right to prospect for the specified mineral, with rights of entry, drilling, excavation and temporary camps. | Maximum 25 km2. |
| Mining lease | Mine the leased mineral, erect plant, dispose of the product, prospect within the mining area, and apply to enlarge onto contiguous land. | The Act states no maximum area. |
| Mineral permit | Mine the permitted mineral, dispose of it and erect temporary non-residential structures. This is the artisanal and small-scale title. | Maximum 100 m2. Hard operational limits apply: no workings deeper than two metres, no explosives, and no powered machinery except for loading or moving material. |
Artisanal and Small-Scale Mining
The mineral permit is the artisanal and small-scale instrument, at a maximum of 100 square metres for one year, held only by individual Basotho, with no workings deeper than two metres, no explosives and no powered machinery except for loading or moving material. Since the 2022 amendment it may cover diamonds, which is the change that legalised artisanal and small-scale diamond mining. The Ministry has indicated it would allocate sites across the ten districts, train operators before operations begin, and sell diamonds through auctions rather than on miners' behalf. Diamond export remains separately governed by the Precious Stones Order 1970.
Foreign Ownership
The Government may acquire not less than twenty per cent shareholding in a proposed mine, and must tell the applicant on issue of a lease whether it is taking it up. That does not apply to diamond leases, where participation is settled by negotiation in the lease agreement. In practice the Government is reported to hold a thirty to thirty-five per cent interest in most mines. The twenty per cent is an acquisition right rather than a free carry, and no statutory free-carry percentage could be confirmed. An individual who is not a Lesotho citizen cannot acquire a mineral right in his own name, but a company may hold mining rights provided it is registered and established in Lesotho, and beyond that there is no restriction on foreign applicants. There is no Basotho citizen shareholding percentage requirement for companies; the statutory preference for Lesotho citizens applies to employment and to goods and services, not to share ownership. The mineral permit tier is the one place where ownership is reserved to Basotho outright.
Where to Apply
Ministry of Natural Resources; the Commissioner of Mines sits within it, supported by the Mining Board
Parliament Road, Maseru 100 (listed under the Department of Geological Survey).
+266 2231 0498
The directory's listed address is a personal account rather than a government domain; verify before use. · https://www.gov.ls/directory/ministry-of-mining/
Prospecting and mining licences are typically issued within about a month.
Not confirmed against a primary source: The Act number and commencement date of the Mines and Minerals (Amendment) Act 2022. Whether the current official name is Ministry of Natural Resources or Ministry of Mining; official sources conflict. Whether the reconnaissance permit and gem dealer's licence listed in law-firm guides have a statutory basis in the 2005 Act. A published physical address and telephone specifically for the mining function.
NANamibia
The governing law. Minerals (Prospecting and Mining) Act, 1992 (Act No. 33 of 1992), as amended by Act No. 8 of 2008. A replacement Minerals Bill has been in consultation since 2024, proposing a 10 per cent free-carried state interest held through Epangelo, but no new Act could be confirmed as passed or gazetted.
Namibia has FROZEN new licence applications. The licensing round closed on 31 October 2024, the planned reopening was postponed, and the freeze was extended indefinitely beyond 31 March 2025. As at March 2026 the Minister confirmed it would be maintained while government reviews whether existing holders have met work commitments. No lifting date has been announced. Anyone planning an application in Namibia must check this first.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Non-exclusive prospecting licence | Prospect without exclusivity over any area or mineral group. This is the gateway instrument, because only its holder may peg a mining claim. | No maximum area stated. |
| Mining claim | Small-scale mining. This is the small-scale right. | A rectangle of 600 metres by 300 metres; where proximity to other claims makes that impossible, not more than 18 hectares. No person may hold more than 10 claims without the Minister's written permission. |
| Reconnaissance licence | Regional, non-intrusive work only - airborne geophysical surveys and satellite image analysis. No drilling or excavation. | Typically very large areas, around one million hectares. |
| Exclusive prospecting licence | Exclusive prospecting including mapping, drilling, geochemical sampling, trenching, bulk sampling and trial mining. | The Ministry's fee table runs to 100,000 hectares, implying that ceiling. No statutory maximum confirmed. |
| Mineral deposit retention licence | Retain rights over a discovered deposit that is not currently economic, without any work obligation. | As defined. |
| Mining licence | Exclusive mining rights over specified minerals in a defined area. | No statutory maximum confirmed. |
Artisanal and Small-Scale Mining
There is no separate artisanal permit. The mining claim is the small-scale instrument and it is reserved to Namibian citizens and Namibian-owned companies, with claim holders permitted to contract foreigners to do the prospecting and mining work. The Ministry maintains a dedicated Small Scale Mining division within the Department of Mines.
Foreign Ownership
No foreign ownership cap on exclusive prospecting or mining licences, but a foreign company must either incorporate under the Namibian Companies Act or register as an external company. Mining claims are reserved to Namibian citizens and citizen-owned companies. Since April 2021 applications for new mining licences must include at least 15 per cent ownership by Namibian citizens; this is administrative policy rather than a provision of the 1992 Act. Government has publicly denied having any 51 per cent local ownership policy. Transfer of a mining claim, exclusive prospecting licence, retention licence or mining licence requires the Minister's written approval.
Where to Apply
Ministry of Industries, Mines and Energy (MIME)
6 Aviation Road, Windhoek. Private Bag 13297, Windhoek.
+264 61 284 8111
info@mme.gov.na · https://www.mme.gov.na/
A separate Mineral Ancillary Rights Commission handles ancillary rights.
Not confirmed against a primary source: The reconnaissance licence term: official guidance says six months, a reputable guide says two years, and the Act text was not retrievable at that section. The statutory maximum area for the exclusive prospecting licence and the mining licence.
AOAngola
The governing law. Lei n.º 31/11, de 23 de Setembro (Codigo Mineiro), 2011. Related instruments include Presidential Decree 161/20 establishing the regulator as amended by Decree 6/22, Presidential Decree 85/19 on semi-industrial diamond mining, and Lei n.º 8/24 of 3 July 2024, which criminalises illegal mining.
Angola uses a single-contract model. Rights are granted through a mineral investment contract (contrato de investimento mineiro), and the holder then receives an exploration title and later a mining title. The regulator's register held 492 instruments as at June 2026.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Titulo mineiro de prospeccao | Reconnaissance, prospecting, research, evaluation and appraisal. | No statutory maximum published. The holder pays an annual surface fee of between USD 2 and USD 40 per square kilometre, doubling on extension. Fifty per cent of the area relinquished at the end of the initial five-year period. |
| Titulo mineiro de exploracao | Preparation and extraction, internal transport, treatment, processing and marketing. | As defined. |
| Rights over minerais de construcao civil | Civil construction and public works minerals. | Area delimitation criteria set by Executive Decree 346/17. The term and maximum area could not be confirmed. |
| Concessions over aguas minero-medicinais | Mineral-medicinal waters. | Could not be confirmed. |
| Semi-industrial diamond title | Semi-industrial diamond mining under Presidential Decree 85/19. | Could not be confirmed. |
| Senha mineira | Artisanal diamond production. | Could not be confirmed. |
Artisanal and Small-Scale Mining
The Code deals with artisanal mining in articles 167 to 187, covering designated artisanal areas, licensing, area size, duration, access requirements and exemption from the surface fee. Artisanal diamond production has its own chapter, articles 281 to 301, in which the title is the senha mineira. Artisanal diamond mining is restricted to Angolan citizens. The exact term, permitted area and issuing body could not be confirmed, because every accessible copy of the Code truncates before those articles. Current policy is formalisation of garimpeiros into cooperatives, backed by Lei 8/24 criminalising illegal mining. This is the weakest-documented entry of the twelve and should be verified directly with the regulator.
Foreign Ownership
No general restriction on foreign investment and no requirement for a local partner in the ordinary case, though preference must be given to nationally backed projects where bids are otherwise equal. The State may take a shareholding of at least 10 per cent in the mining-phase company through a state-owned entity, and may also take a share of production in kind rising with the project's internal rate of return. The restricted categories are artisanal diamond production, limited to Angolan citizens, and semi-industrial diamond mining, civil construction minerals and mineral-medicinal waters, each limited to Angolan citizens or companies at least two thirds Angolan-held. Local content requires a workforce of 70 per cent Angolan to 30 per cent foreign. Endiama participates in diamond concessions on behalf of the State and Sodiam is the single channel for rough diamond marketing.
Where to Apply
Ministerio dos Recursos Minerais, Petroleo e Gas (MIREMPET)
Rua Gamal Abdel Nasser, Eixo Viario, Torre A, Distrito Urbano da Ingombota, Luanda.
+244 226 421 247 and +244 226 421 248
informacoes@mirempet.gov.ao · https://mirempet.gov.ao/home
ANRM: Rua C, Sector B, Q6, n.º 72, Talatona, Luanda, +244 922 727 279, correspondencia@anrm.gov.ao, https://anrm.gov.ao/.
Not confirmed against a primary source: The artisanal mining term, area size and issuing authority. The construction-minerals and mineral-medicinal-water terms and areas. The semi-industrial diamond title name, term and area.
MZMozambique
The governing law. Lei n.º 7/2026, de 3 de Junho (Lei de Minas), in force from 3 June 2026. It REVOKES Lei n.º 20/2014. Anything written against the 2014 law is now out of date, including most law-firm guides still in circulation.
Implementing regulations under the new law had not been published at the time of research, and the new law defers several figures to them. Figures that the 2014 and 2015 instruments supplied and which Law 7/2026 does not restate are marked unconfirmed rather than carried across.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Licenca de Prospeccao e Pesquisa | Exclusive prospecting and exploration, sampling, access and temporary installations. | The new law does not state a maximum area. Under the previous regime the caps were 198 hectares for construction minerals and 19,998 hectares for other minerals; whether these carry over could not be confirmed. |
| Concessao Mineira | Development, extraction, treatment and processing of resources identified during prospecting, with sale of the products. | No maximum area stated. |
| Licenca de Mineracao de Pequena Escala | Small-scale extraction, processing and sale. | Limited to what the operation needs rather than a fixed figure. The defining scale limits are deferred to regulation. |
| Licenca de Mineracao Artesanal | Artisanal operations inside a reserved area, and sale of the product. Convertible into a small-scale licence. | Limited to what is necessary. |
| Licenca de Tratamento Mineiro / Licenca de Processamento Mineiro | Exclusive treatment or processing operations, operation of a plant, and purchase and sale of ore and treated or processed minerals. | Not area instruments. |
| Licenca de Comercializacao de Produtos Minerais | Trade listed mineral products within the operating area. | Not an area instrument. |
Artisanal and Small-Scale Mining
This is the biggest change in the new law. Law 7/2026 creates the artisanal mining licence and the small-scale mining licence as standalone titles, replacing the old mining certificate and senha mineira, and it allows the State to declare Areas Reservadas de Mineracao Artesanal - reserved artisanal mining areas open only to Mozambican nationals and their cooperatives, in which large-scale concessions may not be granted. Both titles are reserved to nationals. Production and scale limits are deferred to regulation; under the repealed 2014 regime the small-scale limits were 100,000 tonnes gross annual production for construction minerals, 12 kilograms for precious metals and 250 kilograms for gemstones, with underground works limited to 20 metres depth and 15 or fewer workers at the production front. Those figures are from the old law and could not be confirmed as carried forward.
Foreign Ownership
The State must hold at least 15 per cent of the mining venture, non-dilutable and free-carried, and that 15 per cent minimum extends across all phases of the value chain. This is a material increase on the 5 per cent the State negotiated under the 2014 law. Strategic minerals are reserved exclusively to the Empresa Nacional de Minas. At least 20 per cent of output must be placed on the domestic market, and 10 per cent of production-tax revenue goes to local development. Construction minerals, artisanal and small-scale mining, and the trading licence are reserved to Mozambicans. Otherwise there is no bar on foreign capital provided the title holder is registered in Mozambique; transfers are confined to Mozambican-incorporated legal persons and share transfers in a title-holding company require prior ministerial approval.
Where to Apply
Ministerio dos Recursos Minerais e Energia (MIREME)
Av. Zedequias Manganhela n.º 516, Torre 1, Cidade de Maputo.
+258 21 314843
geral@mireme.gov.mz · https://mireme.gov.mz/
Environmental licences are issued by the Ministerio da Terra e Ambiente. Mining rights in marine waters, the territorial sea, the continental shelf and the exclusive economic zone must be awarded by public tender.
Not confirmed against a primary source: Maximum areas for all titles under the new law. The terms of the treatment and processing licences. The artisanal and small-scale production limits. The identity of the granting entity for the smaller licences - the law refers only to the competent entity and to the Government. Whether the 2015 regulations continue to apply transitionally.
MWMalawi
The governing law. Mines and Minerals Act, 2023 (Act No. 25 of 2023), assented to on 7 June 2023 and published on 16 June 2023. It repeals the Mines and Minerals Act 2019, which had itself repealed the 1981 Act.
One caveat worth knowing: the MalawiLII record still carries the status line that the Act has not yet come into force, while the regulator created by the Act has been operating since October 2024 and states on its own site that the 2023 Act repealed the 2019 one. The 2023 Act is treated here as operative, but the commencement notice itself could not be confirmed. Much published commentary still describes the superseded 2019 and 1981 structures.
The Instruments
| Instrument | What It Lets You Do | Area and Term |
|---|---|---|
| Non-exclusive prospecting licence | Non-exclusive prospecting for all minerals, with the application identifying up to three contiguous districts. | Maximum area could not be confirmed. |
| Reconnaissance licence | Non-exclusive reconnaissance by geophysical, geochemical, photo-geological and remote-sensing methods. Drilling and trenching are expressly excluded. | Could not be confirmed. |
| Exploration licence | Sole right to explore for mineral deposits, with an exclusive priority right to apply for a mining licence. | Could not be confirmed. |
| Retention licence | Preserve the exclusive right to apply for a mining licence where conditions do not yet justify mining. | Could not be confirmed. |
| Small-scale mining licence | Exclusive mining using non-mechanised or limited mechanised methods. The worked examples are lime production and gemstone mining. | Could not be confirmed. |
| Medium-scale mining licence | Exclusive rights to mine all minerals in the area, provided operations stay within the statutory scale limit. | Could not be confirmed. |
| Large-scale mining licence | Exclusive rights to mine all minerals in the area. Requires a community development agreement. | Could not be confirmed. |
| Artisanal mining permit | Temporary mining of minerals for local or traditional construction and handicrafts, subject to limits on scale and method. Expressly NOT a mineral tenement. | Could not be confirmed. |
| Reserved minerals licence | Possess and deal in reserved minerals - gold, silver, precious stones and any prescribed minerals. | Not an area instrument. |
Artisanal and Small-Scale Mining
Two instruments. The small-scale mining licence, restricted to Malawian citizens, two-year term, granted by the Authority within 45 days, covering non-mechanised or limited mechanised mining. And the artisanal mining permit, restricted to Malawian citizens, granted by the local government authority and filed with the Authority, covering temporary mining of minerals for local or traditional construction and handicrafts.
Foreign Ownership
The non-exclusive prospecting licence is restricted to Malawians or companies owned only by Malawians. The small-scale mining licence and the artisanal mining permit are restricted to Malawian citizens. No citizenship restriction was identified on the exploration, medium-scale or large-scale mining licences. For large-scale mining the government may take free equity with the percentage subject to negotiation; no statutory minimum could be confirmed. Medium and large-scale licences carry preferences for Malawian employment, training and procurement, which are obligations rather than ownership requirements.
Where to Apply
Ministry of Mining; licensing is administered by the Mining and Minerals Regulatory Authority (MMRA)
MMRA: Mukuru House, Mango Road, Area 13/130, Lilongwe. Open Monday to Friday 07:30 to 16:30.
+265 998 163 666
information@mmra.mw · https://mmra.mw/
Active licences, applications and geographic data are published on the Malawi Mining Cadastre Portal at https://portals.landfolio.com/malawi/.
Not confirmed against a primary source: Terms and maximum areas for the reconnaissance, exploration, retention, medium-scale and large-scale licences and the artisanal permit. The statutory minimum for state free equity. The Act's commencement notice. Official Ministry of Mining contact details.