| Abstract: | In the first half of the twentieth century, the mining of minerals was virtually forbidden in Lesotho, yet immediately after the attainment of independence in 1966, mining assumed a position of some importance in the economic planning for the country. In 1967 a somewhat comprehensive piece of legislation dealing with mining was passed by Parliament. However, there is a noticeable lack of appreciation amongst officials as to the nature of 'minerals' and the philosophy behind the present mining legislation. This article represents an introductory effort at an analysis of mining legislation in Lesotho. The discussion centres on three matters: the definition of minerals, the title to minerals, and access to minerals, including the procedures connected with such access. The law of Lesotho is compared with relevant laws in Botswana and Zambia. With regard to access to minerals, the laws of Botswana and Zambia differ from the law of Lesotho most notably in respect of the stages of mining, the duration of grants, restrictions on applicants for grants, the control of speculation, and State participation and control. The lack of controls by government, and the lack of legal precision, which leaves too much discretion in the hands of the enforcement agencies, are two shortcomings in the mining legislation of Lesotho which require reform. Notes, ref. |
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Leiden University catalogue
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