Codel assignment cover 2021 academic year


Rating as investment-friendly destinations



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RT KAMBIDJI MINING LAW 1
Rating as investment-friendly destinations
The latest annual global survey released by the Fraser Institute, signals a decline in Namibia as a captivating mining jurisdiction although a poor study outcome proportion calls into question the credibility of the latest assessment,
which may have inclined knowledge owed to the reduced number of respondents.
23
In measuring the overall attraction of a country, the Fraser
Institute report utilises three indicators. The first is the Investment
Attractiveness Index, which is an overall measurement of a country's competitiveness and merges the Policy Perception Index and the Brest
Practices Index. The latter gives regard to the views of mining managers and
CEO's on all aspects of the policy surroundings with which they are acquainted with and includes regulations, licensing, political stability,
geological database, infrastructure and mining tax regime, among other factors.
24
In contrast,, the Best Practices Index gives consideration to the perceptions of a country’s mineral potentiality, assumptive of a world-class regulative state of affairs.
25
Meanwhile, although the average score for the African continent on the index improved by nine points in 2020, it continues to be the second-least attractive jurisdiction for investment, with an average score of 60.83. Besides, Africa’s average policy perception index score likewise increased by nearly 20 points and it is no longer the worst-performing domain in regard to policy state of
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No. 28 of 2008.
21
No. 16 of 1967.
22
No. 29 of 1996.
23
Engelbrecht, B. 2020. Namibia improves slightly as attractive mining destination. New Era,
p 7.
24
Fraser Institute. Available at https://www.fraserinstitute.org/;
last accessed on 3 April 2021.
25
Ibid.

affairs for mining activities. In fact, all African jurisdictions, with the exclusion of Namibia, enhanced their policy scores, according to the survey.
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Namibia, the only African jurisdiction that did not better its policy perception index score, experienced a 13-point decrease in its policy score, descending in the overall policy ranking from 14
th out of 76 jurisdictions in 2019 to 47
th out of 77 jurisdictions in the 2020 survey, whilst nonetheless edging out jurisdictions like Queensland in Australia, British Columbia in Canada and
Colorado in the US.
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In contrast, South Africa ranked 40
th out of 76
jurisdictions in 2019 to 60
th out of 77 jurisdictions in terms of investment attractiveness in the 2020 index report. Further, the country’s investment attractiveness score worsened to 56.33 in 2020, from 64.79 in 2019
respectively, while the country’s standing on the policy perceptions index also worsened to 66 out of 77 jurisdictions, compared with 55 out of 76 in 2019.
However, while it is helpful to measure the attractiveness of a jurisdiction founded on policy elements such as taxing regulations, taxation levels, the quality of infrastructure among other elements, investment choices are frequently founded on the plain mineral prospective of a jurisdiction. Indeed,
respondents consistently signal that approximately only 40% of their investment selection is ascertained by policy factors, according to the report.
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