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Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe

Mini-dissertation (LLM (Extractive Industry Law in Africa))--University of Pretoria, 2023.

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Other Authors: Gerber, Leonardus J.
Format: Thesis
Language:English
Published: University of Pretoria 2023
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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 © 2023 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 in Africa))--University of Pretoria, 2023.
format Thesis
id oai:repository.up.ac.za:2263/91283
institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:38:12.930Z
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
record_format dspace
source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/91283 Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe Gerber, Leonardus J. brian.chipa816@gmail.com Chipa, Brian UCTD Extractive industries Mining industry Community development Economic growth Zimbabwe Mini-dissertation (LLM (Extractive Industry Law in Africa))--University of Pretoria, 2023. Mining is a significant economic contributor in both developing and developed countries. The industry is responsible for the creation of cities, communities, industries, employment, and infrastructure. Although mining has positive economic benefits, there are negative social, economic, and environmental consequences of mining. There are host communities that are yet to see the benefits of mining activities. This has placed community development in mining areas at discussions of the benefits of mining outside the economy. Zimbabwe as a developing country has placed mining at the centre of its development agenda. With the industry receiving investments. This begs the question of whether communities will receive equitable benefits from continued mining operations. To address the issue of community development, Zimbabwe enacted the Indigenisation and Economic Empowerment Act. With the aim of providing measures for the economic empowerment of indigenous Zimbabweans. This was to be achieved by ensuring that indigenous Zimbabweans had a controlling stake in businesses. To this end community share ownership trusts were promulgated into the indigenisation laws. These trusts were to receive a 10% ownership share in mining businesses and financial pledges to capitalize the trusts. The success of CSOTs has been a mixed bag with most of the CSOTs non-functional. With the amendments to the Indigenisation laws, the legal position of CSOT is not clear. This study examines the potential of community development agreements (CDAs) as a tool that ensures communities receive equitable benefits. It investigates this potential by analysing the Zimbabwean legal framework. It looks at CDA as a tool that might be utilized in Zimbabwe by looking at the advantages and disadvantages of CDAs. This also includes examining how other jurisdictions have adopted CDAs. In countries such as Australia and Canada, the negotiation of CDAs has become standard practice for all new resource development projects. This study will examine the approaches taken by Australia, Canada, and South Africa into incorporating CDAs into their frameworks. Public Law LLM (Extractive Industry Law in Africa) Unrestricted 2023-07-05T20:08:04Z 2023-07-05T20:08:04Z 2023-09 2023 Mini Dissertation * S2023 http://hdl.handle.net/2263/91283 en © 2023 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
Extractive industries
Mining industry
Community development
Economic growth
Zimbabwe
Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe
title Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe
title_full Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe
title_fullStr Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe
title_full_unstemmed Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe
title_short Towards community benefits derived from mining : assessing the potential role of community development agreements in Zimbabwe
title_sort towards community benefits derived from mining assessing the potential role of community development agreements in zimbabwe
topic UCTD
Extractive industries
Mining industry
Community development
Economic growth
Zimbabwe
url http://hdl.handle.net/2263/91283