Terms of Reference
A critical analysis of existing legal and policy provisions on transparency and accountability in the Zimbabwe mining sector
The government of Zimbabwe has identified agriculture and mineral resources as the major economic drivers in the midst of Zimbabwe’s economic crisis. However, poor mineral resources governance remains a cause of disagreement. The management of mineral resource extraction and mineral revenues remains largely opaque. While mineral resources juridically belong to the citizens, the very same citizens are not privy to the mining contracts entered into by the government and foreign investors in their localities and the mineral revenues accruing to Treasury and the use of the revenues for broad based social development. 2018 and 2019 has seen Zimbabwe experiencing a rapid growth in the number of licenses granted for mining operations. This is at a time that the country is running under the “open for business” mantra. The “mega deals” in mining and increased Chinese investments in the country remains of concern to civil society due to inconsistent, conflicting and absence of strong legal and regulating frameworks. In addition, limited transparency and accountability of the mining sector has become a major challenge resulting from weak mining legal and policy frameworks. Policy gaps necessary to curb rent-seeking behavior pertain to failure to publicly disclose mining agreements; noncompetitive bidding in awarding mining rights; non-disclosure of revenue per project; non-disclosure of beneficial ownership; and lack of a computerized mining title management system. In 2019, positive policy pronouncements were included in the 2019 national budget statement. These policy measures included implementation of the Extractive Industry Transparency Initiative (EITI), computerized mining title management system and weeding out of harmful tax incentives. Some progress was made in 2019 which saw the ministry of Mines and Mining Development attending the 8th EITI Global Conference held in Paris, France from the 18th -19th of June 2019. This was followed by in country multi stakeholder meetings on the EITI. The progress saw the EITI Secretariat coming to Zimbabwe to explain the process of joining EITI and meeting with different stakeholders. On the 31st of January 2020, the Independent Newspaper reported that the government of Zimbabwe is not keen on joining the EITI. PWYP Zimbabwe issued out a press statement on this issue and highlighting that transparency and accountability is very crucial in the management of mineral resources. Zimbabwe also launched a 12 billion mining strategy by 2023 which seeks to see gold exports at $4 billion and platinum at $3 billion. However, it is imperative to note that achievement of this strategy can be missed without Zimbabwe’s mining industry reforming to address transparency and accountability issues. Transparency and accountability reforms are embedded in the Zimbabwean Constitution specifically Section 298 on principles of financial management with Section 298 (1) (a) calling for transparency and accountability in all public financial matters. It is against this background that the PWYP Zimbabwe, Oxfam Zimbabwe and ActionAid Zimbabwe would like to commission a research to assess existing legislature and practices promoting the transparency and accountability focusing on policy and legal provisions that already exist and identify policy inconsistencies and conflicts and provide recommendations to the above mentioned challenges.
The following are the research objectives;
- To assess the existing legal and policy provisions that promotes revenue transparency and accountability in the mining sector
- To identify and outline any gaps, conflicts, inconsistencies in the existing policy provisions in the extractive sector.
- To outline the international best practices and frameworks on transparency and accountability and relate them to the existing legal and policy provisions.
- Provide recommendations to government and companies on promoting transparency and accountability in the mining sector
- Produce a Research Report on the existing legal and policy provisions on transparency and accountability in the Zimbabwe mining sector incorporating the information from the above objectives;
- Produce an abridged version of the same research;
- Presentation of research report to the PWYP coalition members, policy makers, government and mining companies for validation of findings.
The applicant must have the following:
- A minimum qualification of a Master’s degree in social sciences or relevant field
- At least 5 years and above experience on extractive sector issues
qualified Consultants who meet the above requirements should send their
application clearly stating how they meet the requirements, methodology to be
used and cost of the consultancy to: firstname.lastname@example.org not
later than the 8th of May 2020. PWYP members are encouraged to apply
 The mismatch between mining’s significant contribution to export earnings and weak contribution to tax revenue are a major cause of concern