Musoma. The minister for Minerals, Mr Dotto Biteko, has threatened to close a gold mine after a dispute emerged between landowners and the licensed miner.
The mine is located at Kinyambwira in Bunda District in Mara Region.
Mr Biteko said he would close the mine by January 7, 2022 if the parties do not reach an agreement because the dispute threatens peace.
The essence of the dispute is the confusion and limited public awareness about land and mining laws that deal with the ownership of property below and above the surface.
Minister Biteko visited the Kinyambwira mine after both landowners and licensees claimed to have the right to own the minerals found in the area. One of the owners of the fields, Mr Msamba Mang’era, questioned why the government issued a licence for the mine on his farm.
“This area is my farm… I am surprised to see someone mining on my farm and he claims to have a licence. In this case, the government that issued the licence is stirring up conflict between us. Why don’t they give me that licence?” said Mr Mang’era.
The argument was supported by another landowner Mwasi Webiro who went far and quoted several sections of the land law that gives every Tanzanian the right to own, use and develop land without interference.
“Issuing mining licences to other people is oppression to those who occupy the land,” said Mr Webiro, urging the government to revoke the mining licences issued on their farms.
However, the landowners’ arguments were opposed by mining investor Titus Kabua, who blamed some of the people he did not name of instigating the conflict.
“I have been given a valid mining licence in this area and I have made several attempts to reach an agreement with the landowners without success,” said Mr Kabua.
He cited some of the efforts as being his willingness to change his licence from large-scale mining to small-scale mining to create 19 more new licences that would be owned by more people in the area.
“I believe with this Minister’s order, this crisis will be resolved soon,” said Mr Kabua.
Confusion over the laws
Whereas the Land Act of 1999 and its amendments in 2002, states that any Tanzanian over the age of 18 and of sound mind has the right to own and develop land in accordance with the laws and regulations, the Mining Act of 2010 as amended in 2017 grants the right to ownership of the underground minerals to the licensee.
Speaking about ownership disputes between landowners and mining licensees, Mara Regional Mining officer Mgaya Nyaisara said, it is the responsibility of the licensee to reach a joint agreement with the landowner on how to conduct mining operations in the area.
He said if the licence is a medium or large scale mining, then the licensee will be responsible for compensating the owner of the land on the mine site to allow mining operations to proceed smoothly.
He said although it was neither necessary nor obligatory for the Mining officer to engage in an agreement between the two parties, the mining office in the area was obliged to intervene and resolve all disputes related to mining activities.
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