Filed under Tzuk.net-- Last November, Tanzanian President
Jakaya Kikwete established a Mining Review Committee chaired by former
Attorney-General (retired) Justice Mark Bomani.
The 12-member committee was given six months to review the
mining regulations and relative taxation, as well as the management/control
systems currently in force in the country. It was also mandated to look into
extant contracts between multinational miners and the government.
The objective was to foster equitability in mining, creating
a win-win situation for Tanzanians (the natural owners) and investors (the
risk-takers).
Any way you look at it,
Sixty six per cent of its 39 million populations still live
on less than $1 a day -- which is less than the $2 a day allocated to a cow in
the European Union!
In its 10th anniversary report, the Tanzania Chamber of
Minerals & Energy notes that mining hogged 74 per cent of the foreign
direct investment share following its proclamation as a priority investment
area.
In the event, eight large miners invested $1,306.3 million,
yielding 1.73 million ounces of gold, 221,000 carats of diamonds and 230,000
grams of Tanzanite annually. Although the price of gold has sharply appreciated
from $255 a troy ounce in 1999-2000 to $927.5/t-o in May 23, this year, mining
contribution to the economy peaked at only 3.8 per cent in 2006, when
Mining continues to benefit foreign investors more than
Tanzanians. Hence President Kikwete's decision to establish the Bomani
Committee, which filed its report on May 24.Among its major recommendations
were an increase in royalty rates paid to the government by the investors and
the abolition, reduction or suspension of some taxes/tax rates.
Perhaps the most curious bit is the committee's
recommendation that its proposals will not perforce apply to existing mining
operations -- only new ones. The committee -- unbelievably -- calls upon the
government to negotiate with mining companies operating in the country in an
effort to get them to comply with the recommendations.
If this is truly the case, then the win-win equitability
that was being sought through the Bomani Committee becomes an exercise in
futility. A chain is as strong as is its weakest link, and if the miners cannot
be compelled by law, custom or ethical decency to comply, then this
recommendation is the weakest link.
No sane businessman will invest under the proposed regime
when he cannot compete fairly with existing investors.
And if the miners play the enraged bull, stubbornly pursuing
their operations, it's only a matter of time before the mineral deposits are
exhausted -- with the Bomani report becoming another well meaning relic at State
House.

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