Deadline: 29 August 2021

1. Background

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 Zimbabwe.

• Main Objective

To produce an analytical study on the protection of property rights and mining in Zimbabwe

• Specific terms of reference

The consultant, working closely with the consulting organisation will be expected to:

1. Identify and assess the legal and policy framework on property rights and mining investment in Zimbabwe;
2. Classify and analyse the gaps in property rights protection in the mining sector in Zimbabwe;
3. Make 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.

• Time frame

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.

• To apply

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 procurementzw@gmail.com by the 29^th of August 2021. The title of the consultancy should be clearly stated in the email subject and only shortlisted candidates will be contacted.