Commercial Farmers' Union of Zimbabwe

Commercial Farmers' Union of Zimbabwe

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Property rights under attack

Comment: Property rights under attack

http://www.theindependent.co.zw/

Friday, 01 April 2011 12:44

AFTER earlier unnerving markets with indigenisation regulations compelling 
foreigners to dispose of controlling stakes in companies valued at US$500 
000 to indigenous Zimbabweans, Youth Development, Indigenisation and 
Empowerment minister Saviour Kasukuwere, as we report in more detail 
elsewhere in this paper, is at it again.

He has amended the law governing indigenisation and economic empowerment so 
that companies with a net asset value of US$1, yes, one dollar. shall now be 
required to sell 51% of their stake to indigenous people.

Essentially, this means every mining company in the country will be forced 
to dispose of shareholding to “designated” entities in the next six months.

Yes, six months.

Across the border, South African companies are required to sell a 23% stake 
inside 10 years. Judging by the speed and overzealousness Kasukuwere is 
pursuing with his narrow indigenisation plan, this exercise is no longer 
about empowering ordinary Zimbabweans. Rather, it is now an exercise that 
will simply see the state and state-affiliated entities and a handful of 
so-called sovereign funds benefiting from the sale of mines.

Worse still, the new statutory instrument illustrates that valuation of the 
targeted mines would not be fair. The minister has final say on what value 
to be ascribed to the targeted company. Initially, the world had been made 
to understand this would be an organised exercise. Now, it is apparent that 
Zanu PF will seize any opportunity to steal or enrich themselves whenever 
the opportunity arises under the guise of righting old wrongs.

The instrument is now silent on who an “indigenous” Zimbabwean is. Instead, 
a new word — “designated” — has come into play. Forget “any person who, 
before the 18th of April 1980, was disadvantaged by unfair discrimination on 
the grounds of his or her race, and any descendent of such persons.”

Ill-equipped and broke National Indigenisation and Economic Empowerment 
Fund, the Zimbabwe Mining Development Corporation, any company formed by the 
Zimbabwe Mining Development Corporation, a statutory wealth fund, or an 
employee share ownership scheme, or trust, or community share ownership 
scheme are now said to be the only beneficiaries.

ZMDC has failed to create value for government since its formation. How many 
viable mines owned by the corporation have been closed over the years? What 
goodwill does ZMDC have?

President Robert Mugabe and Kasukuwere are now taking this noble need to 
empower Zimbabweans as a petty and personal project to vilify and harass 
foreign companies.

The duo needs to be reminded that foreign direct investment and capital is 
crucial to any economy and should not take it for granted. They also need to 
remember that capital always has a choice and is sensible.

Why will any foreigner invest in a mining venture now when one is forced to 
sell the moment the business is worth a dollar?

Nestlé cannot be indigenised merely for Mugabe’s gratification and because 
the company refused to buy the aged leader’s milk.

The instrument says the value of the shares or other interest required to be 
disposed of shall be calculated on the basis of valuation agreed to between 
the minister and the non-indigenous mining business concerned “ which shall 
take into account the state’s sovereign  ownership of the mineral or 
minerals exploited or proposed to be exploited” by foreign investors.

The minister is not an expert on valuations.

Legal experts say the clause is meant to effectively lower the values of 
mining companies.

Others feel that this is a direct attack on property rights.

The constitution also prescribes that where property is acquired for any 
such reasons, “fair compensation” must be paid.
This clearly illustrates their continued contempt for the Global Political 
Agreement that calls for consultation with their partners in government.
One would have thought that after the disastrous consequences of a poorly 
implemented land reform programme, Mugabe and his cronies would have learnt 
the need for adequately planning such programmes.
Alas Zanu PF, with each programme, seems hell bent on dragging the country 
into poverty and turmoil.

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