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61. Back to barracks: Building democracy after the military coup in Sudan

Author:
Amgad Fareid Eltayeb
Publication Date:
11-2022
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
The protest movement that toppled dictator Omar al-Bashir in 2019 promised a first in post-independence Sudan: democratic government. Although a historic opportunity for Sudan, real democracy threatened Sudanese political and military elites. Regimes formed through agreement between these elites constitute the one constant throughout Sudan’s post-independence period. The gap between the political elites and the protest movement helped the military coup in 2021 entrench their position. Violence, repression, and unrest are widespread – and splits in the broader military camp threaten to spill over into civil war. These splits also precipitate Sudan being drawn into regional conflicts such as in Ethiopia and Chad. The international community and European states have failed to find a viable political pathway to end the coup because they are too focused on working with elites. They need to grasp that both military and civilian elites are responsible for failing to open politics to the people of Sudan. The EU and member states should support pro-democracy actors in Sudan and press for a new political pathway centred on them.
Topic:
Military Affairs, European Union, Democracy, and Coup
Political Geography:
Africa and Sudan

62. Gateway to growth: How the European Green Deal can strengthen Africa’s and Europe’s economies

Author:
Michaël Tanchum
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
In much of Africa, growth is being driven by “green energy innovation ecosystems”, which combine telecoms, digital platforms, solar power, and the internet of things. European companies and states risk losing out on business opportunities and political influence if they fail to integrate their services and infrastructure into these emerging ecosystems. China and other economic and geopolitical rivals will become African states’ main partner if Europeans stand aside from this key growth trajectory. The EU can: assist on offering world-class data regulation and supporting the construction of data centres; support the construction of other infrastructure, such as for 5G; and help roll out off-grid solar power generation and electric vehicle manufacturing. Europeans should work in joint ventures with African firms as this model is proven to create value added that China’s investments often fail to produce. The EU should merge its nascent Global Gateway international connectivity programme with the European Green Deal. The objectives of both require similar levels of investment in African infrastructure and they can unlock the investment potential of European public-private partnerships.
Topic:
Foreign Policy, European Union, Economy, Innovation, and Green Deal
Political Geography:
Africa, Europe, and Sub-Saharan Africa

63. Laying Foundations for Civic Engagement and Government Accountability in Guinea (2011-2020)

Author:
Natural Resource Governance Institute
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
When President Alpha Condé took office after Guinea’s first democratic election in 2010, he promised to reform the country’s mining sector. Following decades of sector mismanagement and corruption, Guinea introduced a new mining code in 2011 (later amended in 2013) and, in 2012, the government committed to implementing the Extractive Industries Transparency Initiative (EITI) Standard and reviewed 19 mining contracts signed by previous administrations. This reform effort precipitated a significant expansion of the industry: investments picked up and bauxite exports rose, and mining revenues grew. Despite progress, and because of the speed of mining expansion, communities in mining areas experienced increasingly negative impacts from the industry. Their interests went unaddressed; the government had been slow to implement key regulations aimed at protecting them. As a result, 2016 saw uprisings in key bauxite-producing areas. In addition, civil society engagement on extractive issues was weak and fragmented; citizens, activists and journalists lacked crucial information and were ill-equipped to engage on key governance issues.
Topic:
Government, Natural Resources, Governance, Accountability, and Civic Engagement
Political Geography:
Africa and Guinea

64. Resource-Backed Loans in Ghana: Risks, Opportunities and Lessons

Author:
Denis Gyeyir
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Developing countries have trouble financing development mainly due to limited access to capital markets, high cost of borrowing, slow growth, or a mix of these. Countries with natural resource endowments have attempted in the last few decades to leverage these endowments to surmount those challenges. Many of their development efforts focus on closing huge infrastructure gaps. Ghana is a producer of cocoa, minerals, oil and gas—assets that have increasingly featured in the government’s infrastructure financing plans. Ghana’s infrastructure financing totaled USD 23 billion between 2007 and 2020, and annual infrastructure investment will need to reach $9.3 billion by 2030 (13.9 percent of 2019 GDP). Official development funding and private sector financing have been inadequate to meet these infrastructure needs. As a result, the Ghana Infrastructure Plan identifies Chinese infrastructural funding as a source to fill the gap. Ghana’s infrastructure financing has in part relied on leveraging its natural resources. Through resource-backed loans (RBLs), governments (directly or through state-owned companies) borrow funds and repay the loans in physical natural resources or with money from resource-related future income streams. Ghana has entered into three such RBL deals, totaling more than $5 billion, in the last two decades; all three involve Chinese state-owned enterprises as lenders.
Topic:
Natural Resources, Infrastructure, Resource-Backed Loans, and Revenue Management
Political Geography:
Africa and Ghana

65. NRGI Impact: Guinean Communities Benefit from Mining Revenues and Civil Society Capacity Building

Author:
Natural Resource Governance Institute
Publication Date:
10-2022
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Like many resource-rich low-income countries, Guinea faces challenges in leveraging its natural resource wealth for sustainable development. Despite being the world’s second largest bauxite producer and rich in iron ore, gold and diamonds, Guinea has so far delivered only limited benefits from mining to its citizens, more than half of whom live in poverty. Guinea introduced sector-wide reforms following democratization in 2010 and is successfully implementing the Extractive Industries Transparency Initiative (EITI). However, social unrest, political instability, and the impacts of the Ebola crisis and coronavirus pandemic have slowed the country’s progress toward ensuring that mining income helps improve citizens’ quality of life.
Topic:
Civil Society, Natural Resources, Mining, Revenue Management, and Revenue Sharing
Political Geography:
Africa and Guinea

66. Social Protection Reforms in the MENA Region: Possibilities and Challenges

Author:
Abdalhadi Alijla
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
IEMed/EuroMeSCo
Abstract:
The COVID-19 crisis that hit the world in 2020 revealed a huge gap in access to public services, equality and government responsiveness to the consequences of the pandemic. In the Middle East and North Africa (MENA) region, the COVID-19 crisis showed the inadequacy of the public institutions and their abilities to protect the poor, and ensure that populations’ needs are met, especially informal workers, women, children and the elderly. The social protection systems in the MENA countries are relatively weak, facing challenges or disfunctions through many ad-hoc programmes, making it difficult to respond to the COVID-19 crisis. This is particularly observed in countries facing a pre- COVID-19 economic crisis, such as Lebanon. There is clear evidence that social protection systems have a positive impact on the lives of the population in times of crisis. They improve access to health and education, and increase economic security. Social protection systems work during times of crisis and times of stability, but they are strategic tools that show that states have the capacity to design and deploy policy tools to protect people. In divided societies, inequalities are usually wider and, therefore, a comprehensive social protection system with a high rate of coverage is needed. In this Policy Study, we present four chapters, examining the state-of-the-art of social protection systems in the MENA region, challenges, and potential opportunities that government, local non-governmental organizations (NGOs), international non-governmental organizations (INGOs) and the European Union (EU) could take to assist in establishing comprehensive social protection systems. The COVID-19 crisis is an opportunity to learn and identify where the gaps are and what needs to be done by formal and informal institutions in the MENA region to reform and re-engineer their social protection systems with help from the EU and its institutions. COVID-19 arrived in the MENA region during an economic crisis in Lebanon, Jordan and Tunisia, marked by huge inequalities, vulnerabilities with increasing poverty and low trust in governments and their performance. Lockdown, closure and physical distancing have also led to loss of jobs and income for millions of people, mainly informal workers, and businesses. The vulnerable groups who are already living in economic distress, such as informal workers, youth, women and the elderly, are the most affected parts of the population. They are the most vulnerable to loss of income and unemployment. This study highlights that MENA states lack comprehensive and effective social protection systems. In many MENA countries, ad-hoc programmes substitute a comprehensive social protection system. The study examines the rural-urban and socioeconomic group gaps in accessing services, such as health and education, and economic opportunities. It shows that the historic gap between urban-rural and socioeconomic groups' ability to access the same services and opportunities compared to other groups affected the ability of those groups to cope with the pandemic, exposing them to more vulnerability. The study examines the policy response of the MENA governments to the pandemic, namely in Lebanon, Jordan, Tunisia and Morocco – four countries that have been particularly challenged by COVID-19. It identifies several gaps and op- portunities to develop the social protection system. The study examines cash- based programmes, access to public health, informal workers, women’s protection, digitalisation of social protection systems, and education, to some extent. It focuses on youth, women, the elderly, disabled persons and children as the most vulnerable groups in the region. It identifies that coordination between formal in- stitutions and INGOs needs to be formalised, informal workers need to be included in the social protection system, women and the elderly should be prioritised, and informal social protection mechanisms could be supported through livelihood activities, but is not seen as a major part of any social protection mechanism. It finally highlights the need for digitalisation of reformed social protection systems or strategies.
Topic:
Governance, Pandemic, COVID-19, and Health Crisis
Political Geography:
Africa, Middle East, North Africa, and MENA

67. Times they are A-changin’: Africa at the Centre Stage of the new (II) Liberal World Order

Author:
Nina Wilen
Publication Date:
11-2022
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Amid a renewed Global Power competition, Africa’s abundance of natural resources, its exponential demographic development, and the current expansion of militant Islamist groups in the region, increases its strategic importance and pushes the continent to the center stage of international relations. This brief explores Africa’s position in this changing global context and examines major actors’ presence in, and stance towards, Africa on the global arena. It does this while arguing that as the competition for influence and access to resources in Africa is intensified, Western actors need to become clearer about their interests, avoid ill-perceived imposition of conditionalities – unless they are willing to risk access and follow them through – and adopt a case-by case approach to states on a continent as diverse as Africa.
Topic:
Globalization, International Cooperation, Liberal Order, and World System
Political Geography:
Africa

68. Al-Shabab in Mozambique: Taking Stock of an Insurgency Under Cover

Author:
Tom Van Rentergem
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Since the first attack in October 2017, Mozambique has been confronted with an extremist insurgency called Ansar Al-Sunna Wa Jamma (ASWJ), also known as Al-Shabab (not to be confused with Al-Shabab in Somalia). The alleged Jihadists targeted the Mozambican coastline and have carried out indiscriminate attacks in the Northern province of Cabo Delgado, with the capture of coastal towns Mocimboa Da Praia in 2020 and Palma in 2021 being important markers for the insurgents. The intense five-year conflict has resulted in 4,000 people dead and 800,000 Internally Displaced Persons (IDP), roughly half of the province. The identity of the insurgents has become subject for debate among policy makers and researchers, raising questions about whether the group is primarily a local insurgency or whether there are tangible links to Jihadism in other areas of Africa and the Middle East.
Topic:
Security, Terrorism, Insurgency, and Jihad
Political Geography:
Africa and Mozambique

69. Protecting Civilians From Those Who Should Protect Them

Author:
Delina Goxho
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
As violent attacks targeting civilians in the Sahel region of West Africa are mounting, allegations of abuses perpetrated by Sahelian armed forces share the news with attacks committed by non-state armed groups. This brief analyses the main shortcomings within the governments of Mali, Burkina Faso and Niger with regard to ensuring meaningful Protection of Civilians (PoC) from their own security and defence forces. It finds that formal, structural measures to address state security forces’ abuse of civilians is lacking in all three states, although some promising initiatives to build trust between security forces and civilians have been held on a local level. On a regional level, the OHCHR-mandated Human Rights Compliance Framework, which has partially been adopted by regional force Force Conjointe – G5 Sahel (FC-G5S), represents an example of a mechanism that could ensure better protection of civilians both for the region, and on a national level. However, the advent of Russian paramilitary group Wagner in Mali and the most recent massacre of civilians in Moura is challenging all optimistic forecasting.
Topic:
Security, Terrorism, Conflict, and Civilians
Political Geography:
Africa

70. Who’s Been Making “African Solutions”? Mapping Membership Patterns in the African Union’s Peace and Security Council

Author:
Nina Wilen and Paul D. Williams
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
This year marks the 20th anniversary since the establishment of the Peace and Security Council (PSC) of the African Union, the AU’s principal decision-making body for promoting peace, security, and stability in Africa. This brief examines the patterns and trends that have emerged during the past two decades of PSC elections and finds that African governments persistently elected autocrats and states experiencing violent conflict to serve on the PSC, thus undermining the AU’s principles. This pattern risks skewing PSC decision-making in unhelpful ways, undermining effective crisis management, and making it difficult to uphold the AU’s stated norms and principles.
Topic:
Security, Regional Cooperation, Peace, and Africa Union
Political Geography:
Africa

71. France in the Eastern Mediterranean and the MENA region’s geopolitical competition: French grandeur or European sovereignty?

Author:
Toni Alaranta
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The global rivalry between the US and China, as well as geopolitical competition and instability in the EU’s southern neighbourhood, are perceived by France as urgent matters requiring stronger EU foreign policy, conceptualized as European sovereignty. The French foreign policy elite are still largely committed to the idea of France’s exceptional role in the world, and to the extent that the EU as a whole fails to live up to the tasks presumed by France, continue their attempts at forging coalitions of the willing. France has in recent years built a web of strategic partnerships, for example with Greece, the Republic of Cyprus, the United Arab Emirates, and Egypt, through which it aims to govern the instability in the EU’s southern neighbourhood. The aim is also to deter regional adversaries such as Turkey, a strategy that needs to be re-evaluated due to the Russian invasion of Ukraine. France often equates its national interests with those of the EU. While this can be seen to enhance European sovereignty, it also risks increasing the perception that the EU would be a participant in various Middle Eastern conflicts. This undermines the EU’s ability to function as an objective broker and anchor of norms.
Topic:
Regional Cooperation, Hegemony, Foreign Interference, and Competition
Political Geography:
Africa, Europe, Middle East, France, North Africa, Mediterranean, and MENA

72. Barriers to Effective Whistleblowing in Botswana: Lessons from the Construction Industry

Author:
Marumo Omotoye
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
Botswana Institute for Development Policy Analysis
Abstract:
Adopting Botswana’s construction industry as a case study, this Policy Brief examines key barriers to effective whistleblowing in Botswana. Data were drawn from 117 construction firms and interviews with regulators of this sector. Despite the enactment of the Whistleblowing Act 2016, the study finds the following key barriers to effective whistleblowing: (i) fear of retaliation or punishment, (ii) fear of job loss, (iii) absence of organisational whistleblowing policies, (iv) lack of incentive to report, (v) lack of education on whistleblowing, and (vi) insufficient action and follow-up on disclosures by authorities. From a policy perspective, there is a need to strengthen the existing legal protection offered to whistleblowers, their families and associates to ensure they are not subject to harm, retaliation or victimisation. There is also a need to increase levels of education and awareness on whistleblowing in general, and the Whistleblowing Act 2016 in particular.
Topic:
Corruption, Regulation, Whistle Blowing, and Construction
Political Geography:
Africa and Botswana

73. ABCs of the IFIs: The African Development Fund’s 16th Replenishment

Author:
Jocilyn Estes and Erin Collinson
Publication Date:
08-2022
Content Type:
Policy Brief
Institution:
Center for Global Development
Abstract:
Many African countries, particularly those in sub-Saharan Africa, continue to grapple with the consequences of the COVID-19 pandemic while simultaneously confronting the challenges posed by slowing global growth, private capital outflows, debt distress, and the impacts of climate change. An estimated 55 million people on the continent have been pushed into extreme poverty since the onset of the pandemic. This devastating trend has been exacerbated by the ripple effects of Russia’s invasion of Ukraine—supply chain disruptions, tightening fiscal space, and growing pressure on the cost of food, fuel, and fertilizer. International financial support for the continent has fallen woefully short of levels required to prevent the current crisis from derailing long-term development. The African Development Bank (AfDB) is the largest regional multilateral development finance institution on the continent. It provides critical financial support to countries across the region, including investment in vital infrastructure projects. The African Development Fund (AfDF) is the Bank’s concessional window, providing financing in the form of grants and concessional loans to resource-constrained governments responding to the growing challenges on the continent, including gaps in critical infrastructure and rising debt burdens. Amid ongoing and overlapping global emergencies, the stakes for the AfDF’s upcoming replenishment could hardly be higher. The AfDF is making the case to donors—who will come together later this year for a final meeting of the AfDF’s 16th replenishment (AfDF-16)—that the Fund needs substantial new resources to continue to support African people, businesses, and governments and make up lost ground in the fight against poverty. An ambitious 16th replenishment—coupled with policy and governance reform commitments—presents an opportunity for donors, including the United States, to complement long-standing investments in regional growth and infrastructure, offer a sustainable alternative to non-concessional Chinese lending, and make headway on the long road to economic recovery from the pandemic and worsening food security crisis.
Topic:
Development, Investment, Pandemic, and COVID-19
Political Geography:
Africa

74. Recommendations for US-Africa Space Cooperation and Development

Author:
Rose Croshier
Publication Date:
03-2022
Content Type:
Policy Brief
Institution:
Center for Global Development
Abstract:
The United States, a leader in space exploration and innovation, has a unique opportunity to establish enduring diplomatic, commercial, and security ties with African nations through space cooperation—with the potential to yield substantial development benefits. The U.S. space sector is robust, an area of comparative strength vis-à-vis Europe, Russia, and China. By driving space cooperation, the U.S. can reinforce the rules-based order as articulated in international agreements like the Artemis Accords. Expanded space capabilities can also support the achievement of several of the UN Sustainable Development Goals, which range from improving data-driven governance to closing the global digital gap. U.S. policymakers have an opportunity to implement a collaborative approach with emerging African space actors both to grow a peaceful and law-abiding community in space and to benefit from Africa's contributions to the global space ecosystem. Space capability can also serve a crucial infrastructure role, yielding similar benefits to “traditional” infrastructure—including facilitating access to 5G connectivity through low orbit satellites and addressing clean water and food security needs through remote sensing and satellite communications.
Topic:
Development, International Cooperation, Space, and Territory
Political Geography:
Africa, North America, and United States of America

75. Strengthening Sahelian Counterinsurgency Strategy

Author:
Michael Shurkin
Publication Date:
07-2022
Content Type:
Policy Brief
Institution:
Africa Center for Strategic Studies
Abstract:
Adapting Sahelian force structures to lighter, more mobile, and integrated units will better support the population-centric COIN practices needed to reverse the escalating trajectory of violent extremist attacks.
Topic:
Security, Military Strategy, Counterinsurgency, and Conflict
Political Geography:
Africa and Sahel

76. Egypt’s water policy after the construction of the Grand Ethiopian Renaissance Dam

Author:
Sherif Mohy El Deen
Publication Date:
03-2022
Content Type:
Policy Brief
Institution:
Arab Reform Initiative (ARI)
Abstract:
Egypt is one of the driest countries in the world. It is also the country that is most dependent on a single source of water: The Nile. The Nile River provides over 93% of Egypt’s water needs, according to Egyptian government documents. However, the water crisis discussion mainly focuses on the extent to which previous water agreements with other Nile Basin countries are binding, or on the truthfulness of the current news on the filling and operation of the Grand Ethiopian Renaissance Dam. Hence, this discussion is not addressing the main issue, which is the extent to which operating the Dam would affect the annual water use per capita in Egypt at present, as well as in the near and distant future. The Renaissance Dam crisis is recent, as it began when Ethiopia unilaterally decided to build the Dam in a border region between Ethiopia and Sudan. However, it is a main factor that could exacerbate and deepen the problem of water scarcity in Egypt. Other factors affecting water use per capita in Egypt include exponential population growth and increasing climate change. This policy brief aims to shed light on the main causes and background of the water crisis in Egypt. It will briefly discuss some examples of recent or upcoming projects by the Egyptian government under the new Water Resources Management Strategy (2016-2050). Finally, the paper will highlight the importance of conducting comprehensive and constant feasibility and impact assessments of these projects. These assessments should focus not only on the water dimension, but also on the economic, social, environmental, cultural, and political dimensions. This paper also provides some recommendations and lessons learned from the “Jonglei Canal,” an Egyptian-Sudanese water megaproject that launched nearly five decades ago.
Topic:
Development, Water, Infrastructure, and Dams
Political Geography:
Africa and Egypt

77. Decentralization and Geographical Inequality in Egypt

Author:
Mohamed Abdel Hadi Shantir
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Arab Reform Initiative (ARI)
Abstract:
Egypt’s social policies suffer from serious challenges, especially at the spatial level. This is often referred to as the “geographical inequality” gap between the most privileged and less fortunate governorates, or the ones with limited resources. This is in addition to the disparity between different localities within the same governorate. These disparities are due to a highly centralized system of policy-making, resource management, and service distribution – which has been in place since 2014. The issues also include rising corruption rates, which often compromise any potential reforms. According to the 2020 Corruption Perceptions Index issued by Transparency International, Egypt fell by 11 places and ranked 117 among 180 countries, with a score of 33 out of 100 points.[i] Decentralization is considered a requirement that addresses geographical or spatial imbalances in the country, provided that the necessary standards for effective implementation are met. It is an important policy tool for achieving development and promoting democracy. It also helps citizens recognize whether the State is acting in their favor or in favor of monopolizing power and wealth. The effective and integrated implementation of decentralization contributes to increasing the efficiency of local utilities and public services, involving citizens in the management of their local affairs, training the administrative personnel required to implement the vision of local development and to ensure the optimal use of resources, while improving performance in local action. This directly leads to strengthening the quality of life and livelihoods at the local level, promoting a sense of national belonging, and increasing the level of trust between citizens and government.
Topic:
Inequality, Decentralization, Geography, and Equality
Political Geography:
Africa and Egypt

78. Policy Papers by Women of Color: Young Ambassadors Journal of Global Affairs

Author:
Shanel Wilson, Kyla Denwood, Mari Faines, Alonna Williams, and Mia Veal
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Women of Color Advancing Peace, Security and Conflict Transformation (WCAPS)
Abstract:
The WCAPS Young Ambassadors Board presents to you the premiere version of the Young Ambassadors Journal of Global Affairs. The culmination of these five policy recommendations written by women of color covers a variety of issue areas that are relevant and researched and most importantly the passion areas for our members. These women are emerging experts and professionals in their fields of international development, national security, peace, and technology. Their contributions are representative of the areas of the world they want to improve and fortify the skills to do just that.
Topic:
Education, Foreign Exchange, Law Enforcement, Food Security, Internet, Police, Militarization, and Suburbanization
Political Geography:
Africa, Latin America, Nicaragua, North America, and United States of America

79. A strategy to future-proof Zambia’s mining industry

Author:
Vincent Obisie-Orlu
Publication Date:
11-2022
Content Type:
Policy Brief
Institution:
Good Governance Africa (GGA)
Abstract:
Zambia is in an opportune position to benefit from the growing demand for copper to support the global energy transition. Policymakers in President Hakainde Hichilema’s administration have an opportunity to build a resilient and high-performance Zambian economy to bring a true New Dawn. To realise this vision, Zambia must address key economic challenges such as the legacy effects of the previous instability of the mining regulatory system. Volatile changes have plagued the country until recently, with past governments changing mining taxes in response to the copper price. Resultantly, investment growth has diminished and the multiplier effect that would otherwise have been associated with mining has been foregone. Poor macroeconomic governance and mining growth retardation have also pushed Zambia’s national debt to unsustainable levels, as exports have been insufficient to fund debt repayment. The country is now seeking debt relief from its external creditors and has struck a deal with the International Monetary Fund. In this first of a two-part policy briefing series, we examine the key economic challenges associated with mining governance reform and provide recommendations that will help develop a resilient mining tax regime and a more streamlined regulatory environment. The second briefing will address the debt challenge. Considering the growing demand for copper to meet the global net-zero goal, and an impending global supply crunch, more copper will need to be produced and Zambia is in a prime position to do so. At the same time, Zambia has declining copper ore grades. Our primary recommendation, therefore, is that a profit-based Mineral Royalty Tax (MRT) framework be strongly considered. This will enable investment in the necessary capital and infrastructure needed to increase output and promote exploration. Though profit-based MRTs can be exploited by mining companies making claims of increased capital investment to increase outputs, when combined with the implementation of the Extractive Industries Transparency Initiative (EITI)’s reporting standards, the risk of exploitation is reduced.
Topic:
Natural Resources, Economy, Tax Systems, Mining, and Industry
Political Geography:
Africa and Zambia

80. The legal and political implications of a judicial review of the Zondo Commission’s findings

Author:
Helen Acton
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
Good Governance Africa (GGA)
Abstract:
Gwede Mantashe, the Minister of Mineral Resources and Energy, has threatened to judicially review the Zondo Commission’s (‘the Commission’) findings against him. This decision highlights legal and political weaknesses in South Africa’s democratic system. The law is unclear on whether the findings of a Commission of Inquiry (COI) could constitute administrative action reviewable in terms of the Promotion of Administrative Justice Act 3 of 2000 (PAJA). This was not sufficiently dealt with by the High Court the only time it previously faced a judicial review of a COI’s findings. Even if COI findings could constitute administrative action, it seems that the Commission’s findings and recommendations concerning Mantashe in particular are unlikely to be reviewable in terms of PAJA. The principle of legality would be his most viable option for a legal challenge, but on analysis it is unlikely Mantashe would succeed on this basis either. Moreover, challenging the findings of this Commission on legally dubious grounds underscores political weaknesses in the ruling African National Congress (ANC) party, and consequently the electoral system more generally. Not only does the proposed challenge by a senior party member in Cabinet undermine the ANC’s steadfast commitment to end entrenched corruption, but it also demonstrates that the party’s step-aside rule is too narrow. The rule does not impose political accountability on members implicated by COI findings unless they are criminally charged by the National Prosecuting Authority (NPA). This sets the bar too low for political accountability, which should not be equated with criminal liability. The ANC’s lenient stepaside rule, and its members’ use of legal technicalities to avoid political accountability, is dangerous in a proportional representation system with a one-party-dominant legislature. Voters elect a party in a closed list system, and so depend entirely on the ruling party to hold its members individually accountable for wrongdoing. The ANC needs to prove to the electorate that it takes this job seriously.
Topic:
Natural Resources, Mining, Judiciary, and Energy
Political Geography:
Africa and South Africa