A direct and positive correlation exists between investment in the minerals industry and prospectivity for particular target minerals. When there is geological potential for
particu-lar minerals, there is a good chance that investment (local or foreign) will follow. Invest-ment will initially be for exploration, then for minerals developInvest-ment once an economic deposit has been found. Investors expect good government policies, investment incen-tives and legal framework to sufficiently mitigate the inherent risks in mining projects.
Consequently, SADC governments must create an investment environment conducive to exploration and mining activities. Appropriately crafted government regulations and taxa-tion policies can reduce risks to the investor and influence the flow of investment funds.
Conversely, risks will increase and investment will fall if the investment environment is constrained by inadequate protection of property rights, excessive government interven-tion, and unacceptable distribution of mineral rents.
Macro-economic issues, such as investment policy and restrictions on capital mobility, in-fluence the risk perception of investors and hence investment decisions. For international competitiveness, the SADC framework should be guided by components in Box 2:
During the past decade, SADC countries have worked on establishing credible track re-cords of political and economic stability and investor-friendly environments. This has led to reduced business risk and resulted in increased investment, mainly in mining and oil exploration (Business Map of South Africa, 2003). During 2001 and 2002, these two sectors attracted the largest shares of international investment into SADC with mining including metals and mineral beneficiation accounting for 75 per cent of FDI into the region in 2002.
Table 2 Foreign Investment Requirements in SADC States
Parameters SADC
Foreign ownership allowed ( per cent) 50 – 100 94 96.6
Compulsory government share ( per cent) 0 – 50 7 0
Sources: Country Reports (Annex 2) and MEPC (2004)
Box 2: Guiding principles in international competitiveness of mining regimes
i. Design transparent, predictable, stable and competitive frameworks;
ii. Ensure maximum control of operations by investor with minimum state intervention;
iii. Minimize government intervention with regard to the flow and control of foreign ex-change;
iv. Ensure availability of basic geological information;
v. Guarantee political stability;
vi. Provide supporting infrastructure; and,
vii. Create an environment for the existence of potentially strong business partnership with either government or local private capital.
The degree or extent of state involvement in any project is an area of concern for any investor. Table 2 summarized from Annex 2 indicates that some SADC countries insist on state co-ownership of mines and mineral development companies. Although this does not necessarily deter FDI, such ownership should be kept as low as possible and should not affect the business of mining. In some countries, free carried interest (acquisition of government share in a business venture without any monetary contribution) is used to acquire government share of ownership. Some investors may view this unfavourably.
Notwithstanding, the experience in SADC is mixed, as some countries have done well in attracting foreign investors despite having government equity participation in mining ventures as a requirement, while in others, investors voice concern at such arrangements.
In West Africa, Ghana has managed to maintain the government’s 10 per cent share in the equity of mining companies without compromising competitiveness.
The sector is an important source of foreign currency for most nations of the SADC region as it accounts for an average of 60 per cent of export earnings. For countries like Zambia and Botswana, for example, the proportion is over 70 per cent. Because of the sector’s importance and the reliance of most countries in the region on foreign currency inflows, most SADC countries have controls over movement of foreign currency. On the other hand, mining companies are concerned about the degree to which they are able to remit their share of the mineral rent to foreign shareholders. Exchange controls in SADC range from none at all to fairly strict, with most countries opting for some limited control.
The effectiveness of a mining fiscal regime to attract FDI into any country is adversely affected by controls on foreign currency movement. Foreign investors require the right to operate offshore bank accounts, keep the proceeds of the sale of minerals overseas, and to repatriate to the host country any foreign currency necessary to pay local taxes and to meet local costs. Inability to remit shareholder dividends or service foreign debt obliga-tions in a timely manner due to exchange control arrangements or other restricobliga-tions is a major investment disincentive. Contradictions between governments and investors usu-ally occur when the former considers minerals part of the productive assets that should as-sist other non-exporting sectors with foreign currency. Thus, they inas-sist, the sector should make foreign currency available for use in other sectors in the economy. A balance has to be struck between these competing views.
At times, state equity participation is linked to local empowerment, where government takes equity positions for empowerment purposes. In light of this, the investment climate within the region has to be attractive to foreign, regional and domestic investors. The participation of domestic investors facilitates the development of cooperative linkages with foreign investors.
Recommendations for harmonization of investment environment
1. Member States have the right to acquire local equity stakes in mineral development projects provided these are done on commercial terms. This should be clearly stated in the mineral policy statement; and,
2. Member States should gradually and cautiously reduce exchange controls without compromising the ability of inflows of foreign currency into the sector to assist other foreign currency dependent sectors of the economy and in enabling the government
to retire foreign debts. Foreign currency regulations should not restrict the ability of foreign investors to pay dividends to foreign shareholders.