By Chisomo Phiri
Renowned gemologist Yamikani Jimusole has called for stricter enforcement of penalties under the Mines and Minerals Act of 2023, warning that lenient sentencing risks undermining government efforts to curb illegal mining.
In an interview with 247 Malawi News,Jimusole who is the founder of Yami Gemstone Lab & Export Pvt Ltd (YAGLE), said his comment is in response to the ongoing ‘Operation Samala Mgodi,’ a multi-agency initiative aimed at protecting Malawi’s mineral resources.

The operation involves the Malawi Defence Force (MDF), Malawi Police Service(MPS ), Mining and Minerals Regulatory Authority(MMRA), Department of Mining(DM), and the National Intelligence Service(NIS).
He described the initiative as necessary and commendable, noting that significant public resources have been committed to its success.
However, Jimusole stressed that enforcement efforts must be matched by penalties that reflect the seriousness of illegal mining.
“The Mines and Minerals Act of 2023 was specifically enacted to introduce stiffer penalties against illegal mining because previous fines failed to deter the practice,” he said.
The gemologist expressed concern that some offenders arrested during the crackdown are receiving suspended sentences as first-time offenders, arguing that such outcomes weaken the intended deterrent effect of the law.
He noted that illegal mining continues to cost Malawi foreign exchange earnings, royalties, and causes environmental degradation, while also placing a financial burden on the State to sustain enforcement operations.
“The public expected that prosecutions under the new Act would result in convictions that set a clear example—that illegal mining no longer pays,” he said, calling for greater clarity on how the stricter penalties outlined in the 2023 law are being applied by the courts.
Jimusole further suggested that a lasting solution should combine firm law enforcement with efforts to formalize the mining sector.
He said creating legal pathways for small-scale miners would help transform informal operators into taxpayers and legitimate suppliers to entities such as the Export Development Fund (EDF) and the Malawi Mining Investment Company (MAMICO).





