Regulatory Bottleneck Cripples Malawi’s Mining Growth – The Times Group

Key Business Points

• Regulatory Uncertainty: Malawi’s mining sector still operates under a 1985 regulation, while newer laws from 2019 and 2023 remain unimplemented, creating confusion for investors and license holders.
• Missed Public Consultation Deadline: Draft Mineral Title Regulations were open for public feedback until June 30 2024, but they have not been gazetted, stalling the sector’s reform momentum.
• Export Ban and Value Addition: A 2025 presidential order now prohibits raw mineral exports, urging the government and industry to fast‑track beneficiation plans and boost local processing capacity.

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Malawi’s mining industry is at a critical crossroads as the government struggles to replace outdated rules with modern legislation. The sector’s growth hinges on clear, predictable regulations that can attract investment and protect communities. Yet, the official application form for a Reserved Minerals Licence still cites the Mines and Minerals (Reserved Minerals Licence) Regulations of 1985, despite the country enacting a new Mines and Minerals Act in 2019 and later passing Law No. 25 of 2023 to govern all prospecting, exploration and mining activities.

According to desk research, the new regulations intended to operationalise the 2019 law were drafted but have not yet been published in the Gazette. A press release from the Ministry of Mining, signed by Secretary for Mining Joseph Mkandawire, announced public consultations on ten sets of draft Mineral Title Regulations under the 2023 Act. These cover exploration licences, mining licences, community development agreements and mine rehabilitation. The consultation period closed on June 30 2024, but no new regulations have been gazetted since.

The Mining and Minerals Regulatory Authority (MMRA), established under the 2023 Act, is tasked with overseeing the sector and monitoring compliance by licence holders. However, without gazetted rules, experts say the authority’s ability to enforce the law is seriously limited. Kennedy Rashid, National Coordinator of the Natural Resources Justice Network (NRJN), warned that reliance on old regulations creates a governance gap that can undermine the current law’s effectiveness. He stressed that outdated rules risk weakening regulatory certainty, investor compliance, government oversight and community protections.

Mining specialist Grain Malunga acknowledged the delay but placed it within the broader context of government processes. “It must be understood that running a government is a shared responsibility. The regulations cannot be gazetted without vetting and authority of the Ministry of Justice. Most likely, the delay is at the Ministry of Justice,” he explained.

Mining Minister Thoko Tembo indicated that the government already drafted new regulations after the 2019 Act was enacted. However, the process was disrupted when the 2023 amendments transferred regulatory functions from the ministry to the MMRA, requiring a full review of all draft rules to align with the authority’s new mandate. Tembo said the ministry and MMRA subsequently developed ten sets of draft Mineral Title Regulations and later prepared an additional set focusing on mineral beneficiation and value addition. This follows the 2025 Presidential Order banning the export of raw minerals, which aims to push the industry toward higher‑value processing and create more local jobs.

For Malawian entrepreneurs, the situation presents both challenges and opportunities. The prolonged regulatory vacuum means investors must navigate uncertainty, but it also opens a window for local companies to engage in beneficiation—transforming raw ore into finished goods—using the legal framework that will eventually emerge. Businesses that monitor the upcoming regulations and position themselves in community development and sustainable mining practices could capture a significant share of a growing market.

The path forward will require coordination between the Ministry of Mining, the Ministry of Justice, and the MMRA to ensure draft rules are vetted, gazetted, and enforced without further delay. Timely publication will restore confidence, attract much‑needed capital, and enable Malawi to fully capitalize on its mineral wealth while delivering tangible benefits to local communities. Investors and local entrepreneurs alike should stay alert for the gazetted regulations and be ready to act on the emerging opportunities in Malawi’s evolving mining landscape.

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