Residents Reject Private Control of Paving Stone Mining

Residents in Botswana's Khumase lands in Serowe have voiced strong opposition to the private mining of paving stones in their area, highlighting a recurring tension between community interests and private resource extraction. This article examines the legal framework governing mineral rights and land use in Botswana, focusing on the Mines and Minerals Act (Cap 66:01), the Tribal Land Act (2018), and the Environmental Assessment Act (2011). It delves into the distinctions between large-scale mining licenses and minerals permits for industrial minerals, which are often reserved for citizens. The analysis explores the mechanisms for community consultation, benefit-sharing, and environmental protection, identifying potential gaps and recent legislative amendments aimed at increasing local participation in the mining sector.

The recent outcry from residents of the Khumase lands in Serowe, Botswana, regarding the private mining of paving stones underscores a critical and often contentious issue in natural resource governance: the balance between national economic development, private enterprise, and local community rights. The residents' concern, as reported, stems from a perception that these valuable resources, which are significant revenue generators in other contexts, are being exploited without adequate local benefit or control. This situation highlights the complex interplay of statutory provisions, traditional land tenure, and environmental considerations that shape Botswana's mining landscape.

Botswana's mineral wealth is constitutionally vested in the Republic, with the Minister responsible for minerals ensuring its efficient and beneficial exploitation for the nation's economy. The primary legislation governing the mining sector is the Mines and Minerals Act (Cap 66:01), as amended by Act No. 14 of 2024, which outlines the framework for granting prospecting licenses, retention licenses, and mining licenses. For smaller-scale operations and industrial minerals, such as paving stones, gravel, and sand, a 'minerals permit' is typically required. Significantly, minerals permits for industrial minerals are generally reserved for citizens of Botswana or wholly citizen-owned companies, though the Minister may grant exceptions in the public interest. The administration of tribal land, where such mining activities often occur, falls under the purview of Land Boards, established by the Tribal Land Act (2018). These Land Boards hold tribal land in trust for the benefit and advantage of Botswana citizens and are responsible for allocating land and managing customary rights. Furthermore, environmental considerations are governed by the Environmental Assessment Act (2011), which mandates environmental impact assessments (EIAs) for activities likely to have significant adverse environmental effects, requiring public participation in the process.

The legal framework in Botswana distinguishes between large-scale mining operations, which require a mining license, and smaller-scale extraction of industrial minerals, which fall under a minerals permit. The Mines and Minerals Act (Cap 66:01) stipulates that all rights of ownership in minerals are vested in the Republic. However, the process for obtaining a minerals permit for industrial minerals, such as paving stones, explicitly requires applicants to obtain 'surface rights' from the relevant land authority or landowner, which, in communal areas like Khumase, would be the Land Board. This requirement for surface rights from the Land Board introduces a critical point of interaction between mining companies and local communities, as Land Boards are mandated to act in trust for the benefit of citizens.

While the law reserves industrial mineral permits for citizens or citizen-owned companies, concerns from residents suggest that the benefits may not be adequately trickling down to the immediate communities affected by the mining. The Environmental Assessment Act (2011) provides a mechanism for public participation, requiring public hearings for proposed mining developments depending on the degree of negative response. However, the discretionary nature of public consultations under the Act has been identified as a significant drawback, potentially limiting effective community input. The 2022 Botswana Minerals Policy and the recent Mines and Minerals (Amendment) Act No. 14 of 2024 aim to address some of these issues by promoting citizen economic empowerment and increasing local participation, including a new requirement for 24% local ownership in new mining concessions where the government declines its option to acquire a stake. This amendment, effective from October 1, 2025, represents a shift towards ensuring greater local equity in mineral wealth.

Despite these legislative efforts, challenges persist. The lack of specific legislative frameworks focusing on artisanal and small-scale mining in Botswana means that the broader Mines and Minerals Act, designed for larger operations, is applied, which may not adequately address the unique socio-economic and environmental dynamics of smaller community-level projects. Furthermore, while royalties are paid to the government, and a portion is appropriated to Land Boards for prospecting or retention licenses over tribal land, the direct benefit-sharing mechanisms for affected communities from minerals permit operations remain a point of contention and potential reform. The need for a mandatory environmental rehabilitation trust fund or financial guarantee, introduced by the 2024 amendment, also highlights past deficiencies in ensuring post-mining land restoration.

The resistance from Khumase residents to private paving stone mining underscores the persistent need for robust legal and policy frameworks that genuinely empower local communities in Botswana's mineral sector. While the Mines and Minerals Act and the Tribal Land Act provide a foundational structure, and recent amendments aim to enhance citizen participation and environmental accountability, the practical implementation and equitable distribution of benefits remain critical challenges. Practitioners advising mining companies must navigate not only the formal licensing requirements, including obtaining minerals permits and surface rights from Land Boards, but also the imperative of meaningful community engagement and benefit-sharing. For communities, understanding their rights under the Environmental Assessment Act and the avenues for recourse through Land Boards is paramount. Future developments will likely focus on how the increased local ownership provisions translate into tangible benefits for affected communities and whether the regulatory environment can effectively balance investment attractiveness with the legitimate aspirations of citizens for greater control over their natural resources.