Gov’t Moves to Overhaul Mining Laws After 14 Years of Implementation

By Jenifer James

The Ministry of Mining in South Sudan has initiated a comprehensive review of the country’s mining policy, strategic plan, and legal and regulatory framework, 14 years after the implementation of the Mining Act exposed gaps and weaknesses in the country’s mining governance system.

Speaking during the opening of the review process on Tuesday, Eng. James Yousuf Kundu, Director General of the Geological Survey at the Ministry of Mining, said the review follows 14 years of implementing the Mining Act and 11 years of implementing the Mining Unit Regulation of 2015.

Kundu said the experience gained over the years has enabled the ministry to identify gaps and weaknesses that require an updated framework.

“The ministry has been implementing the Mining Act for 14 years now and the Mining Unit Regulation 2015 for 11 years. We now understand the experience and the weaknesses. Therefore, the review of the legal framework has come at the right time,” he said.

He emphasized that the mining policy, strategic plan, and legal and regulatory framework are fundamental to the development of the country’s mining sector.

Kundu urged stakeholders to actively participate in the review process to ensure the proposed documents effectively address the needs of the sector.

“As key stakeholders, I encourage you all to participate actively to come up with improved draft reports and all that,” he said.

Kundu said the final reports would be shared with stakeholders upon completion of the review.

The review is one of four activities supported by a project financed by the African Development Bank.

According to Kundu, the first activity involved developing a strategy for South Sudan’s mining sector, while the second focused on analyzing the regulatory landscape to identify the strengths, weaknesses, opportunities, and threats facing the sector.

He said the third activity, which is currently underway, involves reviewing the mining policy, developing a strategic plan, and revising mineral title regulations.

The fourth activity aims to develop a roadmap for South Sudan to join and implement the Extractive Industries Transparency Initiative (EITI) Standard.

“Two of them have been implemented. The third one is where we are now, and it is almost coming to an end,” Kundu said.

Kundu also appealed to the African Development Bank to expand its support for the mining sector through larger-scale projects.

“I also want to appeal to the African Development Bank to continue their support to the ministry, to include larger projects,” he said.

Meanwhile, Project Coordinator Emmanuel Michael said the consultations are designed to review key legal and policy documents governing the mining sector.

Michael said stakeholders are expected to examine the draft mining policy and strategic plan, as well as proposed amendments to the Mining Act 2012 and the Mining General Capital Regulation 2026.

“To discuss the draft mining policy and its strategic plan and the proposed amendments to the Mining Act 2012 and Mining General Capital Regulation 2026. These draft documents and reports are very important for the Ministry of Mining,” Michael said.

Michael added that the gathering provides an opportunity for stakeholders to contribute their views and inputs to strengthen the proposed documents.

“That is why we have gathered here today as key stakeholders to deliberate on them in order to get your views and inputs to improve the draft reports,” he said.