Australian miners maiming Malawians, exploiting old law

Abraham Siliwonde does not know what Uranium is used for. But he is certain that radiation made him blind and reduced him to a pauper. He now relies on well-wishers and his wife’s small business to survive.

Siliwonde: Exploited

Siliwonde: Exploited

Siliwonde used to work at Kayelekera Uranium Mine in the northern district of Karonga, about 600km form the Capital City Lilongwe.

“I was guiding dumpers carrying high grade uranium ore. I could feel intense heat from lumps of uranium ore and the next day I would pass yellowish urine and start feeling malarial symptoms,” he told a local daily.

It did not take long before he started experiencing sight problems that sometimes he could fail to recognise some of his long time colleagues. This negatively affected his performance at work.

Because of his condition, the company fired him and gave him MK75, 000 ($150) as a retirement package. Together, with his family of 11, he now lives in a rented derelict house at the district town.

In his medical report, Chief Ophthalmologist at Lions Sight First Eye Hospital in Lilongwe, Dr Joseph Msosa, links Siliwonde’s eye problem to radiation.

“The vitritis (posterior uveitis) may indeed be due to exposure to radiation. It is well known that all radioactive substances can cause radiation retinopathy which appears like posterior uveitis…”reads the report in part.

In normal cases Siliwonde’s could have been given the deserving package but General Manager for International Affairs Greg Walker at the mining company said the company could not give him full package because he was an employee for one of the companies it contracted.

Another former employee, Francis Mkonda, was fired on his hospital bed when recuperating from severe injuries he sustained while at work at Kayelekera Mine.

Mkonda, who worked as a Processor Operator, collapsed at work on January 13, 2013. The company fired him on January 24, 2013 citing huge hospital bills saying it was constrained financially hence it could not pay.

He died a few days later after receiving the dismissal letter at the hospital.

Siliwonde and Mkonda are just a microcosm of the many employees who were happy to get work at Kayelekera Uranium Mine but left forsaken, disgusted or died paupers.

The Kayelekera Uranium Mining project was commissioned in 2007 after Malawi government awarded a uranium mining license to Paladin Africa Limited (PAL), an Australian and Canadian registered company.

The permit covered 5,550 hectares for a period of 15 years following the completion of a development agreement

Paladin has consistently stated that it is making a big investment in Malawi, and that the country is benefitting from a variety of revenue streams and that it has not yet earned ‘a single Kwacha’ in return on its investment.

In February 2014, PAL suspended operations and put the Mine on what it called ‘care and maintenance’. It also lay off the bulky of its employees, about 300 people.

The company cited the declining price of Uranium on the global market in the aftermath of the Fukushima nuclear disaster in Japan in 2011.

However, in its quarterly activities report dated December 31, 2014 it states that it has started a feasibility study to develop a detailed plan for the recommencement of production at Kayelekera when uranium prices justify.

And at Kanyika Area in Mzimba District, northern Malawi about 250 km from the capital city Lilongwe, communities here have been drinking water contaminated with hazardous metals, courtesy of another Australian mining company Globe Metals and Mining Limited.

Globe Metals and Mining will mine Niobium, a critical additive in the production of sophisticated steels.

The Kanyika Mining project will be the second major mining operation in the country after the Kayelekera Uranium Mine in Karonga district.

Tikababikila kuno. Muzi withu nikuno. Charo ichi nchithu. Sono palabakuti maji aya ngakunangika, sono bakukhumba kuti tichite vichi? Iwo bakwenelela kutipa maji awemi mbweni naumo wakachitira promise.”

“We were born here at our ancestral land. This is our village and we have nowhere else we call home. Then if they are telling us that the water we are using here is bad, has some chemicals, then what do they want us to do? They are supposed to give us clean water like what they promised us when coming” 40 year mother of seven Nyuma Thole told Nyasa Times when asked whether she will continue drinking water which various NGOs and the company itself confirmed had elevated levels of Uranium.

Australian mining companies are accused of involvement in the killing and maiming of miners and residents across Africa through dangerous, unsustainable and illegal mining practices.

The Federal and Queensland governments have recently been, or still are, shareholders in some of these companies.

There are over 300 Australian stock market- listed companies in Africa – more than any other country – and nearly 35 of them have been implicated in allegations of corruption, tax avoidance, environmental destruction and human rights abuses.

The Greens’  former senator Scott Ludlam in question No. 331 asked the Minister for Foreign Affairs, on 6 December 2010whether there was need for Australia to legislate extra territorially its mining companies operating overseas so that they operate in line with Australian human rights and environmental standards rather than those of the host state.

“Australian companies are responsible for ensuring they abide by the laws of the jurisdiction in which they operate as well as Australian laws that apply extraterritorially. The Australian Government expects all Australian companies to comply with all applicable laws and obligations when operating abroad and to conduct their business according to best practice,” said former Senator Stephen Conroy on behalf of the Foreign Affairs.

But in Malawi they seem to work with impunity by blatantly disregarding the law because Malawi still uses a 34 year old mining law which has several deficiencies.

Malawi is blessed with significant quantities of coal, limestone, niobium, rare earths, bauxite, nickel, and precious gems such as rubies, sapphires and diamonds and heavy mineral sandsaccording to a World Bank report, Malawi Mineral Sector Review: Source of Economic Growth and Development and also results from the country’s recent geological mapping exercise.

Malawi enacted its Mines and Minerals Act in 1981 long before the country charted any of its mineral resources.

But the Act has several deficiencies that have provided fertile ground for corruption, profit shifting and tax evasion.

For instance, it vests the power in the President to grant mining licences with no consultation required with other stakeholders, it allows mining companies to operate by bilateral negotiations rather than consistent application of the law which means some companies may get special favours.

And it also lack of provisions to maximise benefits for the country such as requiring certain proportions of supplies to come from Malawi and also ensure that communities benefit from mining revenue. It is also devoid of measures to protect people displaced by mining, and health and safety regulations for specific mineral extractions.

Since 2000, Malawi has issued more than 172 mining licences to boost and diversify its economy which depends largely on tobacco.

Atupele Muluzi, the natural resources, energy and mining minister, acknowledged the mining law’s flaws.

Muluzi noted that Malawi had several mining operations saying there is need to learn from such operations and improve things where there is need.

“This is why we have been reviewing the legislation to address the deficiencies that have impeded development of the sector and align it with aspirations of Malawians,” Mr Muluzi was quoted by Mining in Malawi.

In January 2013, the government kick-started the process of overhauling the mining law by approving a new Mines and Mineral Policy.

But scores of villagers at Kanyika and elsewhere where there are mining operations are not convinced with both Muluzi’s explanation and the pace of the review of the mining legislation.

“We feel government has ignored us for long. The mine has created hunger in the area. Some of the people abandoned their gardens in anticipation of relocation and compensation. Why is it taking this long to be compensated?” Village Headman YohaneMphepo told the Nation Newspaper.

Here the villagers feel cheated and have been demanding answers to a litany of issues such as lack of consultations, what government is doing about the environmental impact assessment, issues of safety and the mining company’s commitment on corporate social responsibility.

“We suspect some foul dealings. There is no safety for us. There was no transparency …from the beginning. People do not know the merits and demerits of this mine. We do not have to ask for this information but given to us freely,” another Village headman KawagheNkhoma said.

Muluzi said Malawi will also review the Mines and Occupational Health and Safety Act just like other countries have done.

  • The author Collins Mtika is Nyasa Times head of investigation desk. The Fund for Investigative journalism (FIJ) funded this story.
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34 thoughts on “Australian miners maiming Malawians, exploiting old law”

  1. Boko says:

    Charlie ndiwe galu, mbuli pita ukhakwerane ndi pitala. Fotseki, People like you are the ones that are making Malawi poor because ndiwe mfiti u think everything ndiufiti basi. Machende ako.

  2. Collins Mtika needs a lecture on radiation or electromagnetic spectrum. He doesn’t even know that those working in the x-ray department are exposed to radiation. He does not even know that pilots and those that use aeroplanes frequently are exposed to radiation more than uranium miners. He does not know how radiation is emitted at all. You first need to know the decay series of radioactive substances and what the half lives mean. You have to know that uranium or atomic weapons become dangerous after the nucleus is split by the introduction of neutrons into a particular isotope of the said elements say U-235. When the scientists are enriching uranium they are simply separating U-235 from the bulk that contains 99.3% U-238. To make plutonium you have to add a neutron to U-238 and thus increasing the atomic mass 239. Two more neutrons will make Americium -241 that is used in density gauges. Heavy nuclei can easily be split and that is why they are used in nuclear weapons but th that has to be enriched to a certain percentage say 95% U-235. Don’t mislead people with this sophisticated scientific topic. In simple mining it is the radon daughters that have be taken care of. Radon is released during the digging or excavation. Radon has a half life of 2 days and accumulates in poorly ventilated homes. That is why underground mining becomes an occupational concern. The daughters include polonium and bismuth whose half lives range from 3 minutes to seconds and they stick to dust particles which means they can easily be inhaled. They deposit energy or ionizing radiation quicker than uranium. That is a free lecture on radioactive decay.

  3. Charlie hebdo retwetted says:

    am sure even munthu amene walemba article imeneyi does even know the definition of Radiation. busy misleading people!!!! wosaonayo kaya anamulodza kumudzi kwawo basi muli ndi radiation??? please get an education first before you start spreading lies

  4. Charlie hebdo retwetted says:

    Three types of radiation are involved and these are alpha, beta and gamma radiation. They are called ionizing radiation because of their ability to strip off electrons in media through which they travel. The strength of radiation determines the effects that are suffered by those that are expose. The alpha particles are too weak to penetrate the skin and clothing and the skin are enough to protect humans. However, they could be a threat internally. Gamma rays are similar to xrays and can penetrate. Beta radiation are charged electron and can affect the eyes. Uranium us a very weak radioactive element with a half life of 4.5 bilkion years and does not emit beta radiation. Most of the stories concerning radiation are written by people who know nothing about ionizing radiation. The aim is to attract unnecessary attention and scare people altogether. Mining of uranium is not a threat as along as if is not underground mining where the workers are exposed to radon and eadon daughters which have very short half lives. The effects of exposure are divided into two and these are acute and chronic effects. Acute effects occur when people are exposed to very powerful radiatin measured in sieverts. Such exposures do not happen in uranium mining but nuclear power plants because of neutrons that come out of split nuclei. Chronic effects takes place due to long exposure and can be genetic. They take more than 10 years to appear. Occupational exposure have a limit of 100 millisieverts over a period of 5 years. These things are well documented but very difficult to be understood by our reporters who have no knowledge of physics or chemistry. Please consult before you mislead people.

  5. Malawi, Malawians and Malawian politicians open up your eyes. this is what I call gambling your own people. our opinion leaders are liabilities. fuck the oppressor

  6. Three types of radiation are involved and these are alpha, beta and gamma radiation. They are called ionizing radiation because of their ability to strip off electrons in media through which they travel. The strength of radiation determines the effects that are suffered by those that are expose. The alpha particles are too weak to penetrate the skin and clothing and the skin are enough to protect humans. However, they could be a threat internally. Gamma rays are similar to xrays and can penetrate. Beta radiation are charged electron and can affect the eyes. Uranium us a very weak radioactive element with a half life of 4.5 bilkion years and does not emit beta radiation. Most of the stories concerning radiation are written by people who know nothing about ionizing radiation. The aim is to attract unnecessary attention and scare people altogether. Mining of uranium is not a threat as along as if is not underground mining where the workers are exposed to radon and eadon daughters which have very short half lives. The effects of exposure are divided into two and these are acute and chronic effects. Acute effects occur when people are exposed to very powerful radiatin measured in sieverts. Such exposures do not happen in uranium mining but nuclear power plants because of neutrons that come out of split nuclei. Chronic effects takes place due to long exposure and can be genetic. They take more than 10 years to appear. Occupational exposure have a limit of 100 millisieverts over a period of 5 years. These things are well documented but very difficult to be understood by our reporters who have no knowledge of physics or chemistry. Please consult before you mislead people.

  7. nosisye says:

    Enough is enough.Moreover we are not gaining anything from this Kayerekera mine.We are giving 90 days ultimatum to the government of Malawi & Paladin company to close this nonnsence mine for ever and never come back to resume any mining activities here or else we will take the law in our own hands.This is a message to Paladin mining company executive, the Australian and Malawian governmnents do not say later that we did not warn you.This is our land and we deserve better treatment as human beings.We repeat we are giving 90 days for those Paladin executives to close the mine and leave or else………
    MOVEMENT FOR THE SURVIVAL OF NYIKALAND
    (MFSN)

  8. gift kaunda says:

    there is a vast amount of precious stones buried beneath the earth’ surface of mother malawi.sadly though the people of this land will never live to enjoy the benefits of these valuable resources.government officials,especially every incoming president and their ministers have systimatically made sure that the mining policy is left beset with loopeholes all the time.in doing this they that all the returns from our resources are left to them for plunder.the kayerekela issue aside just wait and see at what will happen with the kanyika project.activities in the mining industry raise more questions than answers.how can one explain the salima fiasco.who licenced those small scale miners?are these folks paying tax?to which country are the middle men buying the precious stones exporting them to?is the forex which is being realised here accounted for by the reserve bank of malawi.after asking these questions i find no answers.our dear minister one who answers to the name atupele muluzi must give us answers here.the salima scenario is one of the many none formal and corruption ridden,disorganised mining activities going on all over the country.i know of a story where one big company which was constructing a railwayline in the southern region had its workers abandoning their construction job and started scrumbling for some precious stones which they had unearthed.why is it free for foreigners and the big but not free in good faith for malawians.as for the salima case,i see the marange diamonds scenario of zimbabwe.in zimbabwe,politicians looted and still continue to loot.there is no point in time when their budget has ever indicated money realiased from diamond exports.our legislators must work up and smell the coffee and pass laws which will bring sanity to the mining industry.our mineral resources are too vast
    and valuable for us to remain this poor.

  9. mwiithotho says:

    I am hereby calling upon inu akuba omwe mumadzitchula CSO’s. Osamangosokosa za zii. Act now! Protect and bring justice to these people. Don’t just waste time on federalism.

  10. PIERRE says:

    Pliz gvmnt find alternative do not b selling the mining areas to these mabuno they are cluel hence these illtreatment.

  11. Paul Vida says:

    Stupid leadership, this fucken leaders are full of corruption thats why they are taking time to amend this mining laws. We heard the proceeds at Kayerekera went to Bingu’s account

  12. Malawian says:

    Government should not be quick to give contracts nor sign agreements with mining companies. Take your time. CSOs these are issues worth going to the streets for. Where are you?? This is our country n our land. No one should come here destroy our land in the name of mining…. If that’s the case then we shouldn’t do any mining. We have already stayed for so many years without mines

  13. ujeni says:

    Malawi is a fwe fwe fwe sleepy country of sleepy people who bootlick stupid and corrupt leaders and vote them into government

  14. Njalayamalamuchiuno says:

    What is disturbing is the fact that mining licences continue to be dished out. Why can ‘t the Government do first things first by reviewing the mining laws? We all agree that this secter has the potential of improving our forex and must receive all the attention it deserves from the Government arms.

    1. Sake Chilling says:

      And this is an issue that one would expect a Member of Parliament, especially ones from Karonga District, to take to Parliament when they next meet, dictate to the concerned Minister that 1, 2, 3….etc things must be done to stop this lawlessness by this particular investor and others with similar behavior.
      But I wonder whether those MPs have considered such a step.

  15. chechipapwiche says:

    Enough is enough. We are tired of these azungu.

  16. KING SOLOMONS PALACE says:

    BOTOM LINE IS OUR CORRUPT GREEDY LEADERSHIP .WE NEED REVOLUTIONALY LEADERS TO COME ON THE SCENE AND CHANGE THIS COUNTRY.GOD ALMIGHTY HELP OUR LAND

  17. Banda says:

    Excellent article Collins.

  18. MALAWI CONGRESS OF TRADE UNION AND MINING UNIONS PLEASE TAKE A STUDY AND ENTER IN TO SORT OUT THESE ISSUES. DO NOT LET MALAWIANS SUFFER.

    ZIMENE AMAOPA KAMUZU NDI ZIMENEZI

    SOLIDARITY.

  19. [email protected] says:

    Government is working in support of these foreign killers ignoring the interests ofs its people.

    Parliament is also looking the other way. A few people are beneffiting from these fatal inhumane deals.

  20. Fathi Alshdhaab says:

    very educative but also disturbing report…while fellow Malawians got a raw deal first frm their own Govt then the investor co paladin.

  21. Fathi Alshdhaab says:

    very educstive but slso disturbing report…while felliw Malawians get a raw deal first frm theid own Govt then the investor co paladin.

  22. Kanyimbi says:

    There is no time of boot licking these whites. We are using a zero aid budget. So a spade for a spade. If they want to make us slave then strike a first blow and show them the exit door.

  23. yuona says:

    Am speechless.

  24. Mwina Luwinga says:

    Stupid government, stupid mining companies,stupid atupere & stupid mulakho leader. For how long are u going to kill our pple. What was the reason of independence if whites are still allowed to come & victimize us. Peter! am coming to take the government by force.

  25. KING SOLOMONS PALACE says:

    I DO NOT HAVE MUCH TO SAY BUT ,I ASK OUR MINISTER OF MINING TO TAKE LEAF FROM BOTSWANA.THE TSWANAS R NOT AS SLEEPY .INFACT WE MUST B GETTIN AT LEAST 51% SHARES.PARLIAMENT MUST REVIEW DE MINING LAWS.PRESIDENT BE STRIPPED OF NEGOTIATIN POWERS,SUCH POWERS MUST BE VESTED IN THE PPLFS PARLIAMENT.BYE FOR NOW LHM

  26. Jelbin mk says:

    These companies must leave as soon soon as possible because they are up to no good. They take advantage of our loopholes in our mining policy and our corrupt leaders who are unpatriotic and are ready to sell their people’s lives through shady deals as though we are still in slave trade age which is so pathetic and disheartening.

  27. inayake says:

    This touching, yet factual column. The former president backed PAL and made deals with at the expense of human lives. It stills tolerates them at the expense of a racist boss who rumour has it that he’s now polluting the area with toxic waste being dump into the water supply. Eight years of no economic benefit, eight years of polluting, eight years of racist abuse and the woes still continue. I urge the Minister of Mines to come clean and replace Paladin with other investors who Karonga can really benefit from. The solution has always been with government. It is greed which has lead to corruption that is failing the Malawi government.

  28. upile says:

    this is very sad development for our dear brothers and sisters. weak and greedy leaders put a risk to the lives of their people. let paladin go back to Australia after all Malawians have not benefited at all

  29. GaluMtsukwa says:

    This is all because of the gluttonous, corrupt and stupid presidents, stupid NGOs, stupid judiciary and most pathetically stupid everyone. It pains me to see Malawians suffering in their own country when stupid, gluttonous and corrupt presidents are living in mansions made of gold. It makes me want to kill someone and die thereafter. Stupid country.

  30. big mac says:

    its diffucult to feel sorry for a fool. why dont you people DO SOMETHING ABOUT IT!

  31. lalirani says:

    all creation is groaning!

  32. Big brain says:

    They must pack and go these idiots

  33. Tell the truth says:

    we once again demand deport Greg Walker and the racists at the mine. And you Kyungu where is your promise to take the law into your own hands and deport Greg Walker. This man and his company are murdering Malawians by making them work in unsafe conditions.

Comments are closed.