Browsing by Subject "Law of Mineral and Petroleum Extraction and Use"

Now showing 1 - 4 of 4
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    Illicit Financial Flows in Zambia's Integrated Economy: Analysing the effects of illegal taxation practices in the extractives industry on value addition
    (2022) Mulenga, Mwaba Chileya; Titus, Afton; Chege, Kennedy
    Mining is an important sector of Zambia's economy. Using the Constitution, legislative measures, and other policy pronouncements, efforts are being made by the Zambian government to maximise opportunities for diversification and value addition from mining to other sectors of the economy. Opportunities have been identified mainly in the form of employment creation, skills development, increased production using local goods and services, and integration into the mining value chain. Traditionally, Zambia's mining industry has been dominated by foreign multinational companies since the early 1900s. Therefore, multinational companies as major capital investors are key actors that anchor other service providers in the mining value chain. Their involvement therefore largely contributes to, and in some instances detracts from, the success of these measures to maximise value addition. This research explores the interaction of these companies and other local Zambian businesses in the light of the country's goals for industrialisation and diversification in an integrated multi-sector economy. By analysing the overall legal and economic context in which multinational companies operate, this research demonstrates that illegal tax practices by multinational companies have discernible adverse effects on revenue where funds are syphoned out of the economy illicitly. Also, this research evaluates the multi-dimensional effects of these practices and emphasises that value addition efforts throughout the mining value chain are particularly adversely impacted. The research identifies and critiques inadequacies in the law that fail to address the resultant challenges for local businesses such as lost opportunities for funding and capacity.
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    South Africa's Stolen Gold: a legal analysis of the impact of illegal mining on South Africas national security
    (2022) Dyan, Comet Inga; Mostert, Hanri; Cramer, Richard Henry
    The proliferation of illegal mining activities in South Africa costs the country's economy an estimated R10 billion a year. Illegal mining activities further jeopardise the future of South Africa's economic development perspective, which is outlined in the National Development Plan (NDP) and highlights the need to eliminate poverty and reduce inequality. Therefore, this posits illegal mining activities as national security threats as they compromise the government's strategic planning programme and directly impact all sectors of security analysis for a modern state: the military, economic, political, social, and environmental sectors. The current fragmented approaches to combat illegal mining activities and the short-sightedness of mining legislation will continue to exacerbate the impact and spread of these activities, from primarily abandoned mines to operational mines. Hence, any real plan to combat illegal mining activities successfully needs a coordinated approach that involves all stakeholders within the mining industry and the security sector, focusing on the key drivers of this highly organised and global illicit economy. In addition, the South African government will need a well thought out policy development strategy that speaks to the future needs of South Africa's mining industry, which may include artisanal mining as a form of an inclusive economic development policy programme. This dissertation briefly explores all the elements mentioned above of South Africa's illegal mining problem. This paper emphasises policy failures and government strategies that have largely ignored the security of the country's mineral resources as they lie on the surface and subsurface of the earth, specifically in abandoned and derelict mines.
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    The outlook on the extractives upstream investment in South Africa: the environmental governance issue
    (2023) Msezane, Nondumiso Nokukhanya; Mostert, Hanri; Kengni Bernard; Cramer, Richard Henry
    Though endowed with natural resources, South Africa's upstream investment continues to deteriorate. This is partly due to the depleting reserves and the country's policy perception, which ranks South Africa as a high-risk upstream investment destination. This study focused on the country's policy perception zooming in on the environmental governance of the extractives sector. Environmental governance in South Africa was fragmented. The fragmentation occurred in policies, institutions and, ultimately, governance. The consequences of this fragmentation were regulatory duplication and inconsistencies between the regulatory institutions, which manifested in delays and uncertainty, negatively impacting South Africa's competitiveness in investment. The industry's One Environmental System (OES) was effected to eradicate this fragmentation. However, this study demonstrates through case studies that the OES implementation was haphazard, creating uncertainty, amplifying the lack of cooperative governance and introducing compromised environmental management compliance through the competent authority for the industry environmental authorisations. This study finds that policy design, implementation strategies, and environmental regulatory coordination are vital to a country's competitiveness. It argues that these elements will promote competitiveness and stimulate innovation to develop new pollution-saving technologies that offset compliance costs and improve environmental and economic performance leading to sustainable development. The study concludes with the solutions to South Africa's OES system by referring to the Organisation for Economic Co-operation and Development's (OECD) integrated environmental permitting guidelines.
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    To amend, repeal or enact: Analysing the legislation that regulate anti-illicit financial flows in Namibia's Natural Resources Sector
    (2021) Zongwe, Leezola R; Hattingh, Johann; Chege, Kennedy
    This dissertation is premised on the understanding that the legislation meant to curtail illicit financial flows (IFFs) in Namibia is poorly drafted and does not adequately curtail IFFs in the country's natural resource sector resulting in low levels of domestic resource mobilization. IFFs refer to the illegal gain and/or movement of money between entities and persons. Namibia's natural resources span from its sustainable fishing sector to various non renewable mineral resources such as uranium, gold, diamonds, tin, copper, cadmium, lead, lithium, vanadium, salt, and zinc. The country is resource rich and politically stable. However, despite this its industrialization is stagnant and its development is rudimentary with about a third of its population living in extremely poor socio-economic conditions. Over the past decade, it has become increasingly evident that Namibia's efforts to curb IFFs have not yielded the desired results. In this regard, Namibia's anti-illicit financial flow laws do not adequately prevent IFFs within the natural resources sector. To paint the full picture of Namibia's anti-IFF legal framework, this dissertation engages in the monism versus dualism debate to ascertain Namibia's position concerning international law within its territory. Evaluating Namibia's international law position and the treaties that apply in Namibia allows this dissertation to ascertain whether the country can use international law to better equip its law enforcement, regulators, and courts with more effective rules for regulation and prosecution. Following this evaluation, this dissertation analyses Namibia's national laws aimed at curbing IFFs in its natural resource sector. From this analysis, this dissertation draws its conclusion that, although there are a few gaps within these laws, the identified shortcomings are material in that their absence greatly undermines the aims and functions of the legislation and their enforcement bodies. Finally, this dissertation proffers recommendations to cure the mischief identified.