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Fostering transparency and accountability in the administration of mining tax incentives in Zimbabwe

Mini Dissertation (LLM (Extractive Industry Law))--University of Pretoria, 2023.

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Other Authors: Gerber, Leon
Format: Thesis
Language:English
Published: University of Pretoria 2023
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access_status_str Open Access
author2 Gerber, Leon
author_browse Gerber, Leon
author_facet Gerber, Leon
collection Thesis
dc_rights_str_mv © 2022 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 (Extractive Industry Law))--University of Pretoria, 2023.
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:36:21.928Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2023
publishDateRange 2023
publishDateSort 2023
publisher University of Pretoria
publisherStr University of Pretoria
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spelling oai:repository.up.ac.za:2263/90365 Fostering transparency and accountability in the administration of mining tax incentives in Zimbabwe Gerber, Leon kudziemataba@gmail.com Mataba, Kudzai UCTD Governance Mining Tax incentives Mining industry Accountability Mini Dissertation (LLM (Extractive Industry Law))--University of Pretoria, 2023. Tax incentives have historically been used as an investment promotion tool in many sectors including the mining industry. Recently however, the global use of tax incentives has been associated with tax base erosion and viewed as highly susceptible to corruption. Mineral resources are further finite and they are further governed by the government of a country on behalf of all citizens. These factors including the high revenue potential of mineral resources bring into question the appropriateness of the use of tax incentives in the sector. The government of Zimbabwe has recently been questioned for its extension of seemingly generous tax incentives to mining companies such as Great Dykes Investments, within the context of a global health pandemic which resulted in the constriction of many economies. Acknowledging that the government of Zimbabwe views the extension of tax incentives to foreign investors as an indispensable investment promotion tool, this study sought to investigate the extent to which the governance of tax incentives in Zimbabwe lives up to international best practice aimed at limiting tax base erosion. Through a desktop analysis of the legal instruments through which tax incentives are granted to mining companies in Zimbabwe, this study established the fundamental characteristics of the governance regime applied in Zimbabwe towards the extension of tax incentives. The study went on to set each characteristic against international best practice that has been suggested by leading global financial and mining institutions. This study found that the governance regime applied in Zimbabwe fosters transparency and accountability and there by limits opportunities for tax base erosion by ensuring that the Minister of Finance holds the primary authority to grant incentives and that most incentives are granted through primary law. It was however found that the governance regime falls short of international best practice by not ensuring that all tax incentives are granted through a single primary law with clear eligibility criteria. Tax incentives granted to mining companies in Zimbabwe are further not monitored and the policy rational guiding their extension are not made publicly available. Lastly the governance of mining tax incentives in Zimbabwe fails to adhere to international best practice through the publishing of contracts. Public Law LLM (Extractive Industry Law) Unrestricted 2023-04-05T08:34:17Z 2023-04-05T08:34:17Z 2023-09-05 2023 Mini Dissertation * S2023 http://hdl.handle.net/2263/90365 en © 2022 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
Governance
Mining
Tax incentives
Mining industry
Accountability
Fostering transparency and accountability in the administration of mining tax incentives in Zimbabwe
title Fostering transparency and accountability in the administration of mining tax incentives in Zimbabwe
title_full Fostering transparency and accountability in the administration of mining tax incentives in Zimbabwe
title_fullStr Fostering transparency and accountability in the administration of mining tax incentives in Zimbabwe
title_full_unstemmed Fostering transparency and accountability in the administration of mining tax incentives in Zimbabwe
title_short Fostering transparency and accountability in the administration of mining tax incentives in Zimbabwe
title_sort fostering transparency and accountability in the administration of mining tax incentives in zimbabwe
topic UCTD
Governance
Mining
Tax incentives
Mining industry
Accountability
url http://hdl.handle.net/2263/90365