Abstract:
The aim of this study was to discuss the challenges posed by the Legislative provisions under
the Mines and Minerals Act No. 4 of 2005 which seems to cast to wide discretionary powers
on the Minister responsible for Mining. Also, to highlight the weaknesses of the mineral
regulatory functions under the Office of Commissioner of Mines. The study recommends the
establishment of a regulatory body to do away with potential abuse of discretionary powers,
conflict of interest of the Minister, direct political appointments and also assume regulatory
function bestowed on the Commissioner of Mines under the current Act. In essence, the study
advocates for repeal of the current Minerals Act and proposes the enactment of a new Mining
Act that would establish amongst others, a regulatory body / Mining Authority to assume all
the regulatory functions in the mining sector
