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Law silent on payment for 51% mining shares

Law silent on payment for 51% mining shares

http://www.thezimbabwean.co.uk

Written by Staff Reporter
Saturday, 02 April 2011 13:41
Govt must see sense – Chamber of Mines

HARARE – Zimbabwe’s mining companies have complained that the Indigenisation 
plan that aims to transfer majority control of foreign mining firms to 
locals was silent on how payment was to be made – raising fears the 
government wanted to expropriate the mines for free.

A government gazette extraordinary dated March 25 announced that all 
foreign-owned mining firms with a net asset value of more than US$1 must 
dispose of 51 percent of the shares to designated entities.

“This effectively means every business will be affected,” says Victor 
Gapare, president of the Chamber of Mines. “The exemption of those below a 
net asset value of $500,000 has been removed. The notice is silent on the 
100 percent ownership of alluvial minerals as had been announced by the 
Minister through the Herald on February 2, 2011.”

The entities for acquisition of shares include the National Indigenization 
and Economic Empowerment Fund, the Zimbabwe Mining Development Corporation, 
any entity formed by the Zimbabwe Mining Development Corporation, a 
statutory sovereign fund and an employee share ownership scheme, or trust, 
or community share ownership scheme

The Chamber of Mines has said it would be preferable to sell stakes of 26 
percent to local owners, divided as 26 percent direct equity and 25 percent 
being met through corporate social investment credits.

“It is not clear whether the state has a plan for warehousing these shares 
for future distribution to the broad majority of the population,” Gapare 
said. “Not distributing these shares to the public equates to 
nationalization.

“The valuation of the shares shall be agreed with the minister and take into 
account the State’s sovereign ownership of the mineral or minerals to be to 
be exploited. Effectively, proven reserves can no longer be included in 
determining value of the business, which runs contrary to standard practice 
in the mining world. This is seen to be nationalization of all mining 
assets, and the end result will be killing the incentive for any 
exploration. Listed companies have effectively had their value taken away.”

Gapare said there was silence on the commitment of designated entities to 
pay for the shares by September 25, yet the shares must be transferred by 
that date.

“A normal transaction would require that shares change hands only after 
payment has been done,” Gapare said. Failure to comply will constitute a 
level 12 offence attracting a fine or a five-year jail term, or both.

The Minister of Indigenisation, Saviour Kasukuwere, who drafted the 
regulations, also disregarded recommendations of the Mining Sector Committee 
on Indigenization, which recommended 26 percent direct equity, 10 percent to 
communities in the form of a tax on gross profit and 15 percent through 
social credits.

There is no mention of the fate of the business in such circumstances, 
Gapare says.
Like many other economic observers, Gapare said the move was likely to 
discourage foreign investment.

“The Minister has decided to fast track indigenization without taking into 
consideration the negative consequences on investment and growth. If a 
mining company cannot lay claim on the reserves or other inferred resource, 
it is not possible to raise capital,” Gapare said.

“For the benefit of the industry and the economy at large, the mining 
industry must continue to lobby government to see sense in the 
recommendations of the mining sector committee.”

Analysts said impoverished Zimbabwe does not have the money to buy 
controlling stakes through the investment vehicles.

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