The Zimbabwe Chamber of Mines is seriously considering challenging the constitutionality of the country’s indigenization law which it says contravenes some sections of the constitution.
Sources said the Chamber of Mines is in the process of setting up a team of legal experts to challenge the law and indigenization regulations after getting independent submissions indicating that some sections of the law are vague, not constitutionally permissible and legally binding.
The Chamber of Mines is believed to be worried that time is ticking away for its members to submit indigenization plans as stipulated in the recently gazetted mining indigenization rules giving them 45 days to spell out their empowerment programs.
Though Chamber of Mines officials declined to comment, the sources said some mining companies are skeptical about challenging the indigenization law in the Supreme Court.
Bulawayo lawyer Kucaca Phulu said the Chamber of Mines is taking the right steps to stop a program that is fundamentally flawed.
“The indigenization law and regulations associated with it have sections that violate Zimbabwe’s supreme law and therefore the mining body has taken the right decision to challenge its legality,” said Phulu.
Legal experts further said words and terms in the black empowerment law and regulations including indigenous, indigenization plans, designated entities and controlling interests are too vague and too broad.
Sources said the Chamber of Mines is setting up a team of legal experts to challenge the indigenization program based on an outside analysis showing sections of the law are unconstitutional