South Africa, ZAMBIA
Supporting the Wise Stewardship of Malawi’s Natural Resources
Law Reform Advisory Services
Ministry of Mines, Mining and Minerals Regulatory Authority
Natural Resource Extraction: A Critical Area of National Governance
The governance of natural resources is critical for many nations. The extraction of oil, gas, rare earth metals, and other valuable minerals has been widely identified as a major risk area for issues such as environmental degradation, poor labour conditions, and corruption.
A strong legal framework, upheld by effective and impartial legal institutions, is essential to preventing corruption, protecting workers, safeguarding environmental sustainability, and ensuring that the proceeds arising from these natural resources are shared fairly with the people of the nation. For many countries in Africa, achieving this will help to accelerate national development, creating a source of government revenue and jobs for their people.
The governance of natural resources is critical for many nations. The extraction of oil, gas, rare earth metals, and other valuable minerals has been widely identified as a major risk area for issues such as environmental degradation, poor labour conditions, and corruption.
A strong legal framework, upheld by effective and impartial legal institutions, is essential to preventing corruption, protecting workers, safeguarding environmental sustainability, and ensuring that the proceeds arising from these natural resources are shared fairly with the people of the nation. For many countries in Africa, achieving this will help to accelerate national development, creating a source of government revenue and jobs for their people.
Well-designed regulations, developed through comprehensive consultation, are less likely to require frequent revisions, fostering the stable and predictable regulatory environment essential for building long-term confidence in the mining sector.
The World Bank
Malawi Economic Monitor 2025
Implementing the Mines and Minerals Act
As Malawi seeks to diversify its economy, the mining sector has emerged as a key area of focus. The country’s exploration activities have identified commercially significant deposits of minerals such as rare earth elements, niobium, and graphite – commodities that are increasingly important to global supply chains and the green energy transition.
According to the baseline forecasts contained within the World Bank’s Malawi Economic Monitor published in 2025, the country is expected to generate around US$ 30 billion from mineral exports between 2026 and 2040. A best-case scenario puts this figure at around US$ 40 billion.
To steward these resources wisely, the Ministry of Mining has embarked on a number of reform initiatives to strengthen the legal and regulatory process framework governing the sector. To support this effort, CIJ has partnered with the Ministry to develop 17 implementing regulations under an amendment to the Mines and Minerals Act made in 2023. These regulations are intended to provide clear guidance on areas including licensing, compliance monitoring, environmental management, health and safety standards, and community development obligations.
As Malawi seeks to diversify its economy, the mining sector has emerged as a key area of focus. The country’s exploration activities have identified commercially significant deposits of minerals such as rare earth elements, niobium, and graphite – commodities that are increasingly important to global supply chains and the green energy transition.
According to the baseline forecasts contained within the World Bank’s Malawi Economic Monitor published in 2025, the country is expected to generate around US$ 30 billion from mineral exports between 2026 and 2040. A best-case scenario puts this figure at around US$ 40 billion.
To steward these resources wisely, the Ministry of Mining has embarked on a number of reform initiatives to strengthen the legal and regulatory process framework governing the sector. To support this effort, CIJ has partnered with the Ministry to develop 17 implementing regulations under an amendment to the Mines and Minerals Act made in 2023. These regulations are intended to provide clear guidance on areas including licensing, compliance monitoring, environmental management, health and safety standards, and community development obligations.
Law Reform Promotes Stability, Confidence, and Investment
The World Bank’s report observed that the Mines and Minerals Act and its related regulations have been amended six times since 1981 and highlighted the positive impact of law reform, writing: “Well-designed regulations, developed through comprehensive consultation, are less likely to require frequent revisions, fostering the stable and predictable regulatory environment essential for building long-term confidence in the mining sector.”
An Ongoing Partnership with Malawi’s Government
CIJ’s ongoing support in this area includes assistance in legal drafting, research and policy analysis, and facilitation of consultations with key stakeholders. The process is guided by international best practices but grounded in Malawi’s legal context and development priorities.
It forms part of CIJ’s broader engagement in Malawi to strengthen legal systems that enable effective governance and inclusive economic growth. By helping to build a sound regulatory framework for the mining sector, CIJ is supporting the government of Malawi’s efforts to unlock long-term value from its natural resources in a way that benefits the country and its people.
The World Bank’s report observed that the Mines and Minerals Act and its related regulations have been amended six times since 1981 and highlighted the positive impact of law reform, writing: “Well-designed regulations, developed through comprehensive consultation, are less likely to require frequent revisions, fostering the stable and predictable regulatory environment essential for building long-term confidence in the mining sector.”
An Ongoing Partnership with Malawi’s Government
CIJ’s ongoing support in this area includes assistance in legal drafting, research and policy analysis, and facilitation of consultations with key stakeholders. The process is guided by international best practices but grounded in Malawi’s legal context and development priorities.
It forms part of CIJ’s broader engagement in Malawi to strengthen legal systems that enable effective governance and inclusive economic growth. By helping to build a sound regulatory framework for the mining sector, CIJ is supporting the government of Malawi’s efforts to unlock long-term value from its natural resources in a way that benefits the country and its people.
Other Case Studies
Transforming Zambia’s Energy Sector
The Drafting Laws That Matter Training Programme
Developing Zambia’s Public-Private Partnership Legal Framework
Contact Us
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