African Mining February 2020 | Page 13

AFRICAN BUZZ  Innovation Day hosted by Johnson Controls at the Sandton Convention Centre in Johannesburg, South Africa recently. Held under the theme of ‘Talking Tomorrow, Today’, the event engaged a range of stakeholders to not only make them aware of the complete solutions available from Johnson Controls, but to stimulate an important debate about the increasingly critical role played by technology. Designed as a showcase of innovation, the event gave a comprehensive overview of smart city technology, green building solutions and energy efficiency, and infrastructure and human capital investment. Here the focus was buildings across the board, from hospitals to universities. “Our aim was to engage with important stakeholders in order to understand what is on their wish list in terms of benefiting their end users,” Archibald F. Makatini, general manager for Sub-Saharan Africa at the Johnson Control MEA headquarters in Isando, Johannesburg, says. Smart cities are not only about ‘bright shiny new buildings’ but must focus on developing infrastructure that caters to the overall needs of society, according to Makatini. Makatini says Africa presents many opportunities. “Africa is primed for infrastructure growth across the board,” he says. Johnson Controls is ideally positioned to assist cities like Johannesburg revive their dilapidated building stock, as it grapples with a growing deficit of affordable housing. “A lot of these buildings do not even have simple functionality such as air-con. We as a company can assist in turning Johannesburg around. We have the knowhow to turn those buildings into liveable environments,” Makatini says. In 2017 the Tanzanian government amended Mining Act 2010, which, inter alia, abolished the legislative basis for the retention licence classification with no replacement classification. On 10 January 2018 Tanzania published the Mining (Mineral Rights) Regulations 2018. Under Regulation 21 all retention licences issued prior to 10 January 2018 were cancelled and transferred to the government of Tanzania. On 19 December 2019, the Mining Commission of Tanzania announced a public invitation to tender for the joint development of areas previously covered by retention licences, including SMP’s retention licence. As a direct result of legislative, regulatory and other measures by the government of Tanzania, Winshear is in danger incurring a significant loss as the project, today, has no value. With the Notice of Intent, the company’s hopes to preserve its rights to initiate arbitration should a resolution with the Tanzanian government not be reached. The filing of the Notice of Intent initiates a six-month consultation period between the parties during which time they are to attempt to amicably settle the dispute. If no amicable settlement is reached in that six-month period, the company may then initiate international arbitration proceedings against Tanzania in accordance with the BIT. If a mutually accepted outcome is not reached within the next six months, Winshear will have no alternative but to pursue its claims before an international tribunal and seek full compensation for damages the company has suffered as a result of Tanzania’s acts and omissions. Winshear has retained international arbitration counsel to advise. Johnson Controls, known traditionally as an HVAC company, has subsequently moved away from its exclusive focus on chillers and air-con equipment to completely integrated smart building solutions. “In addition to our technology and long-term R&D commitment, we are also an Original Equipment Manufacturer (OEM). This means we can offer a turnkey design-and-manufacture capability, guaranteeing both performance and quality.” ANGOLA: NEW VISAS BENEFIT BUSINESS TANZANIA: WINSHEAR IN DISPUTE The Angolan government has been introducing several initiatives to encourage investment and business opportunities in the oil rich country since former president José Eduardo dos Santos stepped down. Tanzania offers many opportunities for exploration companies, but the risks can be extremely high, as the recent case of Canadian company Winshear Gold clearly illustrates. Canadian company Winshear Gold has formally declared an investment dispute with the government of Tanzania. According to a statement by Winshear, the Tanzanian government is in breach of the 2013 Agreement for the Promotion and Reciprocal Protection of Investment (Bilateral Investment Treaty or BIT) between Canada and Tanzania. Winshear has given notice that it will submit a Claim to Arbitration. The matter relates to the company’s investment on the SMP gold project in the south west of Tanzania. Winshear started exploration work at SMP in 2006, and was granted, through its Tanzanian subsidiary, four retention licenses which were valid for five years and could be extended for another five years before applying for a mining license. www. africanmining.co.za African Mining Publication The first new president in 38 years, João Lourenço, took over at the end of 2017. One of his first initiatives was to relax the visa requirements for countries like Botswana, Mauritius, the Seychelles, Zimbabwe and notably Singapore. Citizens from Namibia, South Africa, Mozambique, the Cape Verde, Rwanda and Zambia can enter Angola without having to apply for a business or tourist visa. “It is clearly an effort by the Angolan government to encourage business and investments into the country, and to alleviate the unavailability of foreign currency in the country and the challenges behind that,” says Tarissa Wareley, immigration specialist at Xpatweb. She says another innovative decision is to allow people to conduct business under a tourist visa. This is a concession to investors from countries who are still required to enter the country with a visa. “A tourist visa will now suffice, even though visitors will be doing business or negotiating investments.” African Mining African Mining  February 2020  11