29 August 2021
Extractive activities place Zimbabwe in a strategic
position through the generation of income, creation of jobs together with
attracting public investment. As such mining has played a critical role in
reviving the economy. However, the mining discourse cannot be done devoid of
the function and nature of property rights in Zimbabwe which significantly
impact mining activities. Contestations of entitlements, benefits and risks of
the mineral regime have impacted the performance of the mining sector in
Zimbabwe as this affects the quantity and quality of investment in the sector. Key
to driving good investment in Zimbabwe are clear policies and laws which in
turn motivate investor security. Notably, the Zimbabwe Investment Development
Agency (ZIDA) Act [Chapter 14;37] which deals with the promotion, entry,
facilitation, and protection of investment in Zimbabwe was passed into law in
2020. The Act was introduced as part of the Government’s efforts to rationalise
investment laws and create a business-friendly environment attractive to both
local and foreign investors.
Mining rights in Zimbabwe come in the form of certificates
of registration of claims, special grants, exclusive prospecting orders, mining
leases and special mining leases through operation of the Mines and Minerals
Act [Chapter 21:05]. These rights entitle
their holders, amongst other things, to enter the designated prospecting or
mining area to commence prospecting or mining activities. In the recent past, there has been a significant shift in mining regimes
in different countries including Zimbabwe. Resource nationalism where countries
have focused their policies with respect to natural resources to benefit the
nation has been seen in Tanzania, Indonesia, Zambia, the Democratic Republic of
Congo, and Mexico among others. Such practices have a substantial bearing on
investment in the natural resources sector. A major consequence of policy
inconsistency and ever- changing legal provisions is the diminished security of
tenure for investors. Owing to the deleterious impacts mining has on the
environment, it is more imperative to ensure a balanced approach when it comes
to the framework in which mining investors work because not doing so has the
likelihood of less environmental safeguards from investors.
It is against this backdrop that the Zimbabwe
Environmental Law Association seeks to critically analyse the property rights
regime and the regulatory framework in Zimbabwe which play a catalytic role in
mining investment in Zimbabwe. The study will examine the extent of mining
investment protection in Zimbabwe as well as the role of property rights in
natural resource management. The study will proffer recommendations on a
suitable policy and legislative framework aimed at encouraging mining
investment whilst promoting egalitarianism in the natural resources sector in
To produce an analytical study on the protection of
property rights and mining in Zimbabwe
- Specific terms of reference
working closely with the consulting organisation will be expected to:
- Identify and
assess the legal and policy framework on property rights and mining investment
- Classify and
analyse the gaps in property rights protection in the mining sector in
recommendations to promote security of tenure in mining investment in Zimbabwe.
- Key Deliverables
- Assess the
implementation of the Constitution, ZIDA Act, Mines and Minerals Act and other
key legislative provisions relating to property and mining rights in Zimbabwe
focusing on how they promote ease of investment.
- Analyse and
critique legal protection of mining investments in Zimbabwe.
- Identify, assess,
and document transparency mechanisms in Zimbabwe that are utilised in the
natural resource sector in Zimbabwe.
- Conduct a
comparative analysis of the local laws with international and regional best
practices and identify gaps in the current legal and policy framework.
- Add examples from
international standards and cases.
- Highlight key
recommendations to improve property rights regime in Zimbabwe in so far as it
relates to the protection of natural resource sector investment.
- Guard against
plagiarism and reference sources.
The guide should be completed within one month of
signing the contract with the Consultant.
- Applicant requirements/Relevant qualifications
At least five years’ experience in property rights,
investment, mineral resource governance work. Applications will be considered
from applicants with a minimum of a Masters degree in any one or more of the
following areas: law, economics, public policy, or any other relevant field. The
ability to research, write, review, and produce high quality work, competency
in clear, concise documenting in plain English.
Persons with demonstrable experience of conducting
similar work are encouraged to submit: An Expression of Interest (EOI) which is
not more than 5 pages. The EOI must detail applicant’s understanding of the
TORs, costs; a summary of applicant’s skills and experience relevant to
conducting this kind of assignment; applicant’s Curriculum Vitae, with names of
three referees and their contact details (email and phone). Applications which
do not contain all the above documents will be regarded as incomplete and will
not be considered. Applications must be addressed to firstname.lastname@example.org by
the 29th of August 2021. The title of the consultancy should be
clearly stated in the email subject and only shortlisted candidates will be