ASX-listed Lindian Resources, which is operating the globally significant Kangunkunde Rare Earth Mining Project in Balaka using a medium scale mining licence obtained from a local company Rift Valley Resource Developments, has threatened to use “legal rights” against Marcel Chimwala, the author of an opinion article that Mining & Trade Review published in its Mining & Social Issues column in mid-April 2026 edition headlined Hungry Hyenas feasting on Kangunkunde Mine.”
A letter from Kalekeni Kaphale Lawyers, acting on behalf of Lindian Resources and Rift Valley Resource Developments queries the article for highlighting issues surrounding Lindian’s use of a medium scale mining licence to run the globally significant Kangunkunde, which is one of the largest rare earth resources globally, and the issue of Lindian giving allowances to government officials mentioned in the article.
It also questions the article for the logic that in using a medium scale mining licence, the Kangankunde Project will deprive the local community of benefits associated with large scale mining such as signing of a community development agreement and mining development agreement.
The letter signed by Dr Kalekeni Kaphale also queries the article for the logic that by purchasing a refinery in Kazakhstan to process Kangankunde ore, Lindian is exporting jobs to that country in so doing depriving Malawi of the technology transfer advantage that could come with a local refinery.
Lindian demanded that the author publishes its response on the article,
Lindian responds to “ Hungry Hyenas Feasting on Kangankunde Mine”
Lindian Resources, which is preparing to start monazite mining for rare earth production at Kangunkunde in Balaka through its subsidiary Rift Valley Resource Developments (RVRD), has responded to an article published on Mining & Social Isuues column in Mining & Trade Review issue number 177 entitled “Hungry Hyenas Feasting on Kangunkunde” expressing concern that the Company nor any government official was neither contacted by the writer nor quoted in the article.
THE MEDIUM-SCALE LICENCE: THE LAW IS CLEAR
In a letter signed by its Executive Chairman Robert Martin addressed to the author and Publishing Editor Marcel Chimwala, Lindian dismisses allegations in the article that Lindian is deliberately operating under a medium-scale mining licence to avoid its obligations under a Mining Development Agreement (MDA) and Community Development Agreement (CDA}.
“This allegation is wrong, and it is wrong for a straightforward legal reason: RVRD's current operations at Kangankunde do not meet the production and operational thresholds prescribed under the Mines and Minerals Act (2023) that would require or qualify the project for a large-scale mining licence. The licence classification is not a choice - it is a legal determination based on the scale of the operation. Applying for a licence category that the project does not meet would be legally improper.”
“The Mines and Minerals Act (2023) is unambiguous on this point. MDAs and CDAs, along with government equity participation, are obligations that attach exclusively to large-scale mining licences. They are not triggered at medium scale. RVRD operates in full compliance with the Act.”
“Further, and for the avoidance of doubt, RVRD acquired its medium scale licence before RVRD's shareholders' shares in it were acquired by Lindian. At all material times RVRD, the mining license holder, has availed all data pertaining to the Project as required by law under the Mines and Minerals Act. It is therefore improper to suggest that either RVRD or Lindian have somehow perverted the law or public officers to operate under a lower level license.”
Corruption Allegations: Unsubstantiated, Offensive, And False
The letter states that the article alleges, through unnamed sources. that Lindian has corrupted government officials - through allowances and other means - to secure favourable treatment.
It reads: “We take these allegations made by you extremely seriously and reject them in the strongest possible terms. It is false, it is without evidence. and it was published without any attempt to verify it with us. We reserve our rights pertaining to this allegation by you as it has direct impacts on reputations, company share price and our ability to operate without unfounded, untrue, prejudicial allegations that have now reached a global audience.”
“Lindian is an ASX-listed public company. We are subject to Australian law, Malawian law, and the ASX Listing Rules - all of which carry serious, enforceable consequences for corrupt conduct. RVRD is equally bound by the laws of Malawi. Neither company has ever offered, paid, or authorised the payment of any bribe, inducement, or corrupt benefit to any government official, parliamentarian, or public servant, anywhere. Our governance standards are not aspirational - they are legally binding and actively enforced.”
Lindian, however, admits sponsoring government officials to attend international mining conferences saying this is a declared, legal, and standard practice across the global mining industry which is not conducted covertly as it builds the technical expertise and international networks of Malawian officials responsible for governing a sector that the country is counting on for its economic future.
The letter reads: “To characterise it as corruption is not only inaccurate - it is an insult to the officials involved and to the institutions they represent. It is also shared across all companies that are operating in Malawi.”
“The article also makes reference to unnamed Members of Parliament who allegedly demanded and received payments from Lindian. Neither Lindian nor RVRD has been approached and or made any payment to any parliamentarian outside of lawful. documented, and transparent processes. We reserve our rights on these allegations you have made.”
Processing Arrangements: A Strategic Decision Grounded In Technical Reality
The article claims that by processing rare earths outside Malawi, Lindian is exporting jobs and depriving the country of rare earth processing technology.
But Lindian trashes the assertion saying first, and most importantly, Lindian is processing ore in-country to a downstream stage as current infrastructure, energy, economic and environmental viability allows.
Martin explains that a process plant is currently under construction at Kangankunde that will process run-of-mine ore into a premium monazite concentrate. “This is in-country processing. This is value addition. This is job creation on Malawian soil. The article's suggestion that Lindian is making no effort to process locally is simply not true.”
Lindian owns a downstream hydrometallurgical processing plant in Kazakhstan which will convert monazite concentrate into a mixed rare earth carbonate (MREC). Martin describes this plant as a significant strategic asset hinting that the facility has established, direct access to the specialist chemical reagents, including the specific acids and solvents required for solvent extraction and precipitation circuits, that further downstream rare earth concentrate processing demands.
The letter reads: “These reagents must be available in large, continuous, and precisely controlled volumes. The Kazakhstan plant is built for this. It is not a workaround - it is the right facility for the job, and Lindian has invested in it accordingly.”
“Even more importantly, rare earth hydrometallurgical processing also requires an extremely reliable, uninterrupted supply of water. gas and electrical power at sustained industrial scale. These are not discretionary inputs - the processing circuits operate continuously, and any interruption risks process failure, equipment damage, and substantial product loss. At the scale that Kangankunde requires, this level of water and power reliability and volume is not currently available in Malawi. This is a factual infrastructure position, not a reflection on Malawi's ambitions. It is, in fact, a challenge that the Government of Malawi and its development partners are actively working to address. These facilities are also extremely hazardous and un-environmentally friendly and would require years of environmental work required even to design them, let alone have them approved.”
“We note that in the same edition of your publication, Emmanuel Chinkaka of the Malawi University of Science and Technology wrote independently on page 10 that mineral processing "is an energy intensive venture" and that stable energy availability is the key precondition for domestic processing to be viable. This is a Malawian academic making the same assessment, that informs our current arrangements.”.
Martin also explains that the offtake and processing agreements Lindian has secured are what make Kangankunde commercially viable and bankable. “Without them, there is no mine. Without a mine, there are no jobs in Malawi, no royalties, no taxes. and no community development. These agreements are the foundation of everything the project will deliver for Malawi.”
Community Investment: We Are Proud Of What We Have Built
Lindian also takes a swipe at the article for describing Lindian and RVRD's community investments at Kangankunde as inadequate.
“We disagree strongly, and we suspect so would the community members who have benefited from it. Lindian and RVRD delivered the Project Early Learning initiative, officially launched by Minister of Education Hon. Bright Msaka SC, which included the construction of a brand new school and sanitisation facilities at Kangankunde Primary School and the provision of books, pens, and learning materials to learners. These are permanent infrastructure improvements that will serve the children of Kangankunde for generations. They were not required by law. They were delivered because Lindian and RVRD is committed to being a responsible and long-term partner in this community.”
“Lindian and RVRD also constructed the access road from the M1 to Kangankunde to gravel standards. This road serves the entire community - every farmer, trader, health worker, and family that travels it benefits from it. That road existed before the event, before his visit, and will be there long after. That is what genuine infrastructure investment looks like.”
“All of this has been delivered voluntarily, in advance of any legal obligation, before the Kangankunde project even begins generating revenue. The community of Kangankunde liaise closely through a very effective community engagement plan (CEP) to choose the development priorities that matter most to them, and we will deliver on them. That is our commitment.”
Calls For Licence Revocation: An Irresponsible Suggestion
Lindian also slams the suggestion in the article that Government needs to revoke RVRD's licence and hand over Kangankunde to a "capable investor" describing it as legally uninformed and, frankly, irresponsible hinting that licence revocation under the Mines and Minerals Act (2023) is not a matter of opinion or public sentiment.
“It is a formal legal process that requires a demonstrated basis in law, proper procedure, and a hearing. Lindian and RVRD has done nothing that would constitute grounds for revocation. We are compliant with our licence conditions, current in our obligations to the MMRA, and operating within the full framework of Malawian law.”
“Beyond the legal question, the broader damage that commentary of this kind does to Malawi's investment climate should not be underestimated. Malawi is actively competing to attract serious capital into its mining sector. Investors - the kind who build mines, create jobs, and pay taxes - read publications like this one. When they see calls for arbitrary licence revocation based on anonymous community opinion, it signals risk. Malawi cannot afford that signal. RVRD and Lindian have invested significant time, capital. and trust in this country. We expect the same standard of factual rigour from those who write about us that we apply to our own operations.”