Investors in medium and large-scale mining operations are required to give preference to Malawian-owned suppliers and contractors, as well as to Malawian citizens in their employment plans. However, they shall not be hindered from procuring goods and services outside Malawi or from other foreign-owned firms, nor from employing foreigners, whenever procured goods, services and skills are deemed available only from specialized suppliers and contractors or professionals with specialised training or long experience, and which cannot be adequately sourced from Malawian providers and professionals.
"2. In this Act, unless the context otherwise requires—[...]
"mineral" means any substance, including a radioactive
mineral of any type, whether in solid, liquid or gaseous form,
occurring naturally in or on the earth, formed by or subject to a
geological process, but does not include—
(a) water, not being water taken from a borehole, well, excavation or natural saltpan for the extraction there from of a substance in solution therein and of commercial value;
(b) soil which is not being taken from the earth for the extraction there from of a substance of commercial value contained therein or for the manufacture there from of a production of commercial value; or
(c) oil and gas, other than gas extracted from coal or shale deposits;[...]
"small-scale mining" means mining using non-mechanized mining methods or limited mechanized mining methods as authorized by a small-scale mining licence;
[...]
33.—(1) The following mineral tenements may be granted under this Act—
(a) non-exclusive prospecting licence, that grants the holder the non-exclusive right in the licence area, which area is defined by district boundaries, to do prospecting for all minerals;
(b) reconnaissance licence, that grants the holder the non-exclusive right in the licence area to do reconnaissance; 
(c) exploration licence, that grants the holder the exclusive right in the licence area to explore for all mineral deposits and an exclusive priority right to apply for a mining licence;
(d) retention licence, that grants the holder the right to maintain the exclusive right to apply for a mining licence in the licence area when exploration has been completed but other specified conditions preclude mining at the present time;
(e) small-scale mining licence, that grants the exclusive right to mine minerals in the licence area using only small-scale mining methods as defined in section 2;
(f) medium-scale mining licence, that grants the exclusive right to mine all minerals in the licence area provided the scale of operation does not exceed any limit specified in section 148; and
(g) large-scale mining licence, that grants the exclusive right to mine all minerals in the licence area. 
(2) An artisanal mining permit, which is not a mineral tenement for the purposes of this Act, grants the right to the holder to temporarily mine for minerals used in local construction and handicraft, subject to restrictions on the scale of operation and manner in which the minerals can be mined.
[...]
163.—(1) An application for a medium-scale or large-scale mining licence shall be accompanied by the applicant's proposed employment and training plan, which shall contain such information as is prescribed with respect to the recruitment of foreigners and the employment and training of Malawian citizens.[...]
(3) A holder of a mining licence shall give employment preference to Malawian citizens—
(a) to the maximum extent practicable consistent with efficient operations, and
(b) in so far as such Malawian citizens are qualified to perform corresponding work and without hazard to the safety of mining operations.[...]
(8) A holder of a mining licence shall not be hindered from employing employees of its own selection for technical and specialized work that, to the satisfaction of the Commissioner, requires specialised training or long experience.
(9) Subject to other written law, the holder of a mining licence may employ a reasonable number of non-Malawian workers who have specialized skills, knowledge or experience.
(10) For the purpose of subsection (9), a "reasonable number of non-Malawian workers" means with regard to—
(a) initial mine development, no more than fifty percent (50%) of the mining licence holder's workforce;
(b) after the mining has commenced on a commercial scale, no more than seventy-five percent (75%) of the mining licence holder's related workforce; and
(c) after mining minerals on a commercial scale for ten (10) years, no more than ten percent of the mining licence holder's related workforce.
[...]
164.—(1) An application for a medium-scale mining licence or large-scale mining licence shall be accompanied by the applicant's proposed goods and services procurement plan, which shall contain such information as is prescribed.[...]
(3) A holder of a mining licence required to have an approved goods and services procurement plan shall give preference to procuring goods and services from supplier and contractor entities owned by Malawian citizens, including equal opportunities to entities owned by Malawian women, provided such supplier and contractor entities offer terms as to prices, quantities, qualities and delivery schedules that are at least comparable to terms offered by non-Malawian contractors and suppliers to the maximum extent practicable consistent with efficient operations.
(4) A holder of a mining licence required to have an approved goods and services procurement plan shall demonstrate in its goods and services procurement plan how it intends to assist Malawian suppliers and contractors, including those owned or operated by women, to build the capacity to supply a greater part of its project's goods and services needs over time.[...]
(6) A holder of a mining licence shall not be hindered from procuring goods and services from providers outside Malawi that, to the satisfaction of the Commissioner, are available from only specialized suppliers and contractors.
[...]
165.—(1) An application for a large-scale mining licence shall be accompanied by the applicant's proposed business development assistance plan, which shall contain such information as prescribed.
(2) A business development assistance plan shall describe how a holder of a large scale mining licence intends to assist business entities owned or operated by— (a) lawful occupiers or owners of land in the licence area; (b) persons in neighbouring communities; (c) women resident in the vicinity of the mining operations; and (d) other Malawian citizens, to build the capacity to own and operate sustainable businesses..[...]" (Mines and Minerals Act (No. 8 of 2019))
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Previously up to 2019
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"37. Application for mining licence [...]
(3) An application for the grant of a mining licence— [...]
(j) shall be accompanied by a report on the goods and services required for the mining operations which can be obtained within Malawi and the applicant's proposals with respect to the procurement of those goods and services;
[...]
39. Restriction on grant of mining licence [...] 
(4) Subject to any relevant agreement of a kind referred to in section 10, no mining licence shall be granted to an applicant unless— [...]
(e) the applicant's proposals with respect to the procurement of goods and services obtainable within Malawi are satisfactory; [...]" (Mines and Minerals Act, Chapter 61:01, 8 May 1981)
Mines and Minerals Act (No. 8 of 2019)
Mines and Minerals Act, Chapter 61:01, 8 May 1981
[<a href="https://www.fao.org/faolex/results/details/en/c/LEX-FAOC199882">Act</a>],[<a href="https://malawilii.org/akn/mw/act/1981/1/eng@2014-12-31">Act</a>]