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Mitigating Uncertainty in Mining Infrastructure Development: A Case of Zimbabwe`s Extractive Industry Legal Risk

Mini Dissertation (LLM)--University of Pretoria, 2019.

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Other Authors: Gerber, Leonardus J.
Format: Thesis
Published: University of Pretoria 2021
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access_status_str Open Access
author2 Gerber, Leonardus J.
author_browse Gerber, Leonardus J.
author_facet Gerber, Leonardus J.
collection Thesis
dc_rights_str_mv © 2021 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM)--University of Pretoria, 2019.
format Thesis
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institution University of Pretoria (South Africa)
last_indexed 2026-06-10T12:36:54.588Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2021
publishDateRange 2021
publishDateSort 2021
publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/82477 Mitigating Uncertainty in Mining Infrastructure Development: A Case of Zimbabwe`s Extractive Industry Legal Risk Gerber, Leonardus J. Maposa, Edwell UCTD Mini Dissertation (LLM)--University of Pretoria, 2019. The deterioration of Zimbabwe`s infrastructure is evident after decades of far-reaching domestic reforms, a period of hyper-inflation, the effects of sanctions and difficulties to obtain long-term financing due to arrears with the international financing institutions. Additionally, populist policies held back necessary tariff increases meant to generate cash for infrastructure maintenance resulting in an erosion of productive value of existing assets. Important to note is the relationship between infrastructure and mining that brings about public infrastructure development as down-stream linkage would come about through good governance and judicious allocation of mining revenues. There is an increasingly growing consensus that both government and private sector have a shared responsibility for mining infrastructure development, though the latter has a compelling case to lead as an investor. Over the past two decades, Zimbabwe`s regulatory framework has undergone through immense reforms and adjustments that have impacted negatively to the business environment is concerned. This study established that, there is an apparent lack of predictability, consistency and certainty on Legal framework1 which makes Zimbabwean jurisdiction an unsafe capital destination for the investors. Unless the legal and regulatory landscape takes a paradigm shift and transits towards a trajectory of best practices in terms of democracy and good governance, conformity to the rule of law and consistence in the formulation of policies, uncertainty will remain a huge challenge to MID. This study sought to analyse the measures of mitigating uncertainty caused by legal risk to MID in Zimbabwe`s extractive industries. The study established a three thronged approach to provide a framework to mitigate uncertainty to MID. The approach outlines measures that the private sector and the public sector may take as measures to mitigate uncertainty. Further, this study also highlighted the international law aspects that are available to investors in MID. Public Law LLM Unrestricted 2021-11-02T10:19:36Z 2021-11-02T10:19:36Z 2021 2019 Mini Dissertation * A2020 http://hdl.handle.net/2263/82477 © 2021 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Mitigating Uncertainty in Mining Infrastructure Development: A Case of Zimbabwe`s Extractive Industry Legal Risk
title Mitigating Uncertainty in Mining Infrastructure Development: A Case of Zimbabwe`s Extractive Industry Legal Risk
title_full Mitigating Uncertainty in Mining Infrastructure Development: A Case of Zimbabwe`s Extractive Industry Legal Risk
title_fullStr Mitigating Uncertainty in Mining Infrastructure Development: A Case of Zimbabwe`s Extractive Industry Legal Risk
title_full_unstemmed Mitigating Uncertainty in Mining Infrastructure Development: A Case of Zimbabwe`s Extractive Industry Legal Risk
title_short Mitigating Uncertainty in Mining Infrastructure Development: A Case of Zimbabwe`s Extractive Industry Legal Risk
title_sort mitigating uncertainty in mining infrastructure development a case of zimbabwe s extractive industry legal risk
topic UCTD
url http://hdl.handle.net/2263/82477