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Zambia’s Minister of Labour and Social Security, Brenda Tambatamba, says the requirement for employers to prioritise Zambian citizens when filling vacancies is already being enforced under the country’s existing labour legislation.
Tambatamba told Parliament that the obligation for citizen prioritisation in the mining sector was anchored in the Employment Code Act No. 3 of 2019, which compels employers to consider Zambians first when recruiting.
She said Section 14 of the Act stipulates that an employer “shall, in filling an employment vacancy, employ a citizen except where a citizen does not possess the required skills or where no citizen applies for the position.”
The minister was contributing to debate on a motion of adjournment raised by Christopher Kang’ombe, who sought clarity on enforcement of Section 10(2) of the Geological and Minerals Development Act No. 2 of 2025, which also requires mining companies to prioritise Zambians during recruitment.
Tambatamba said the provision placed a statutory duty on employers, including mining firms, to give first consideration to qualified Zambians.
“Recruitment of expatriates is permissible only where there is a demonstrable skill gap or absence of suitable citizen applicants, and such recruitment must support structured skills transfer to local employees,” she said.
She added that her ministry had intensified enforcement through routine labour inspections, compliance monitoring and closer scrutiny of recruitment practices within mining companies to ensure Zambians are given priority.
Tambatamba said enforcement was further strengthened through collaboration with the Ministry of Home Affairs and Internal Security working with the Department of Immigration (Zambia) under the Immigration and Deportation Act No. 18 of 2010.
“Before an employment permit is granted to a non-citizen, employers must demonstrate that efforts were made to recruit suitably qualified Zambians and that the required skills are not readily available locally,” she stated.
She said the government was already enforcing existing legal provisions requiring mining companies to prioritise citizens, as part of broader efforts to ensure that Zambia’s natural resources translated into sustainable employment for its people while addressing genuine skills shortages.
Minister of Mines and Minerals Development Paul Kabuswe said 97 percent of both direct and contractual jobs in the mining sector were held by locals, with expatriates accounting for only three percent.
He said the government had not “grown cold feet” in enforcing the law, which was being applied through both the Local Content Bill and the Geological and Minerals Development Act No. 2 of 2025.
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