Call for Consultancy: Case studies on compliance with local procurement requirements/policies by selected companies in Zimbabwe, Mozambique and South Africa. :
- Full Time
Application Deadline: 16th May 2022
Time Frame for assignment: 20 days
Reports to: Programmes Manager
1. Introduction and background
The Zimbabwe Environmental Law Association (ZELA) is a public interest environmental law organization, working on the promotion of environmental justice in Southern Africa through sustainable and equitable utilization of natural resources and environmental protection. In conducting its work in the extractives sector, ZELA is contributing to the empowerment of women in mining. The work empowers women along the mining value chain to be effective economic and political actors for better incomes and increased participation in decision-making processes. This work has revealed that patriarchal norms and gendered inequalities in the mining sector result in women failing to actively engage existing policy making structures; limited participation of women in decision making structures on allocation and distribution of mining claims and provisions of goods and services along the mining value chain which resultantly leads to women being mostly confined to informal aspects of work in the mining sector.
Given that the potential of the African mining sector to provide down-stream linkages into mineral beneficiation and manufacturing; up-stream linkages into mining capital goods, consumables & services industries, and side-stream linkages into infrastructure (power, logistics; communications, water); since 2020 ZELA has been advocating for effective, practical and applicable local content policies in Southern Africa’s mining sector. In general terms, local content strategy can be understood as aiming to promote local value addition and linkages through utilisation of domestic resources. Local content requirements aim to address the balance between the benefits to be earned by the investors and the impact resulting from a given investment project on local economy. In 2020, ZELA commissioned regional research on gender sensitiveness of local content policies in Southern Africa’s extractives sector. Utilising the gendered lens, the reseach revealed the structural barriers affecting women’s effective participation along the mining value chain in Zimbabwe, Mozambique, and South Africa
It is trite to note that the use of local content requirements in the mining, oil and gas sectors have gained traction over the past two decades as resource-rich countries seek to develop and deepen economic linkages between the sectors and the rest of the economy. In this regard, an increasing number of countries have introduced or reinforced local content policies or requirements with local procurement being one of the key components. The African Mining Vision (2009) Framework for Action sets objectives for local procurement and upstream linkages between mining companies and local businesses.
In Zimbabwe, the legal and policy framework relating to local procurement is murky. Local procurement requirements applicable to mining companies used to be provided for in terms of section 3 (1) (j) and (g) of the Indigenisation and Economic Empowerment Act [Chapter 14:33] but this has since been repealed by section 42 of the Finance Act, 2018 (No. 1 of 2018). In June 2019, the Zimbabwean Cabinet approved the Zimbabwe Local Content Strategy which has provision on preferential local procurement, creating business opportunities for local firms and creating opportunities for women, youth and persons with disabilities. It is therefore imperative to understand how mining companies complied with the Indigenisation and Empowerment Act before repeal and how the local content strategy is being implemented.
In South Africa, Article 2 (5) of the Codes of Good Practice developed under the Mineral and Petroleum Resources Development Act created specific procurement targets for the period between 2015 and 2019. It gave preference to suppliers that are more than 30 per cent owned by black women as well as small, medium and micro-enterprises in order to develop new and sustainable businesses. Also, the Broad-Based Economic Empowerment Act stipulates various objectives, such as the need for preferential procurement for enterprises owned or managed by black people. The Precious Metals Act is another key piece of legislation, relating to local procurement in the mining, processing, refining and beneficiation of precious metals.
In Mozambique, the Mining Law as read with the Mining Law Regulation have provisions that stipulates that title holders and contractors must give preference to Mozambican goods and services whenever available in the required time and quality, and when the local price (taxes included) is no more than 10 per cent higher than the prices of the imported goods available. Also, that foreign natural or legal persons who provide products and services to mining companies shall associate with natural or legal Mozambican persons, in terms to be agreed by the parties.
There is therefore a need to assess the extent to which companies operating in Zimbabwe, South Africa and Mozambique has been complying with the local procurement regulations. It is against this background that ZELA intends to engage a consultant to develop gender focused case studies on how selected large scale mining companies in Zimbabwe, Mozambique and South Africa are abiding or (not) to the local procurement requirements in the respective countries.
Duties and Responsibilities
2.0 Main Objective of the Consultancy
In consultation with the organisation’s programmes team, the consultant is expected to produce a report with case studies which will achieve the following objectives:
a) Provide detailed evidence-based case studies on how selected mining companies are complying with local procurement requirements in Zimbabwe, South Africa and Mozambique’s mining sector.
b) Bring out key compliance challenges posed, and opportunities offered by local procurement requirements in Zimbabwe, Mozambique and South Africa including the impact on women.
c) Identify the existing gaps/areas of improvement and how women can influence the reform process.
2.1 Expected output
A well-researched, detailed, well-written and comprehensive report with clear gender sensitive case studies on how selected companies are implementing local procurement requirements/policies in Zimbabwe, Mozambique, and South Africa.
3. Key Deliverables and Timeline
• Review existing ZELA reports and other literature on local procurement requirements/ policies that consider the needs of women and other vulnerable groups.
• Develop a practical methodology for case study selection and subsequent data collection.
• Develop a research report with clear gender sensitive case studies of selected companies in Zimbabwe, Mozambique and South Africa, clearly stipulating compliance with local procurement requirements identifying key areas for improvement and how women can influence change.
• Develop a power point presentation on the research report.
Qualifications and Experience
The assignment is scheduled to run for 20 days from the date of awarding of the contract.
5. Qualifications and Experience
Advanced university degree (MA or PhD) in Law, Development Studies, Political Economy preferably with experience in local content policies, private and public procurement, women’s rights and natural resource governance. Demonstrated knowledge and experience in conducting research covering different countries. Excellent English language skills and ability to write clear and compelling content for a wide variety of audiences, knowledge on Portuguese will be an added advantage. Ability to work with minimum supervision and deliver outputs of high quality.
How to Apply
6. To apply
Interested candidates must submit their expression of interest together with the budget, including previous work for reference purposes by the 16th of May 2022. The aforementioned documents should be emailed to [email protected] The title of the consultancy should be clearly stated in the email subject.
Formed in 2000 and legally constituted as a Trust in November 2001 under Notarial Deed of Trust MA1669/2001, the Zimbabwe Environmental Law Association (ZELA) is a premier public interest environme...