16/08/2025
Abolish development agreements to let all mining companies operate in accordance with Malawi laws
Followers of our publication are aware that we have been in touch with various stakeholders in the minerals sector to analyse Mining Development Agreements (MDAs) that the Malawi Government has been signing with investors for various projects.
In our main article for this edition, we have analysed the MDA which Lancaster Exploration, a subsidiary of UK firm Mkango Resources, signed with the Government for a planned project to mine rare earths at Songwe Hill in Phalombe.
As reported in our lead article; going through the MDA, it is clear that the mining company is respecting the Malawi laws having committed to conduct operations and pay taxes and royalties as prescribed in the laws, and has not raised any issues of tax exemptions that dwindle amounts of revenue collected by government.
The MDA also states that the Company will pay according to the Malawi tax legislation a royalty of 5% and Capital Gains taxes which shall be charged where a gain has been realised by the company.
The agreement also gives the State the right to acquire up to 10% free equity in the mine, which will permit the State to exercise 10% of the voting rights for the mining project.
The amended Mines and Minerals Act of 2019, which we assume was in place when the MDA was being drafted, gives the Malawi Government the right acquire 10% free equity in a large scale mine.
We, therefore, commend Mkango Resources for clearly showing that they are ready to carry out the mining business in accordance with the laws of Malawi.
We agree with the Coordinator for the Natural Resources Justice Network (NRJN) Kennedy Rashid in the article that if the agreement can be adhered to, it gives assurance to the country in retaining a direct share in Songwe Hill revenues.
As Rashid says, the onus is now on the government to conduct strict monitoring to ensure that the commitments made in the agreement, that are also a reflection of the country’s laws governing mining activities, are fulfilled.
To call a spade by its name, with this agreement, it is clear that foreigner investors can conduct mining activities without signing MDAs just like local firms are doing.
We, therefore, call on the Government to abolish signing of MDAs with foreign investors to level the playing field by letting all companies operate according the laws!!!!!