A country on the edge – The Zimbabwean

Protesters march against Zimbabwe’s new bond notes as a currency, in Harare, Zimbabwe. Picture: AFP/Jekesai Njikizana

The glitter of Zimbabwe’s gold sector is dimming. A perfect storm of factors — not least of which is soaring inflation — is tipping the key industry downwards, taking with it the country’s prospects of production growth and an escape from a gripping foreign exchange shortage.

Gold is a significant contributor to Zimbabwe’s economy. The Chamber of Mines’ most recent “State of the Mining Industry” report, released in November, reveals that the sector generated 45% of the country’s mineral exports last year — up from 40% in 2017. In the course of the year it produced 33t of gold, worth more than $1bn.

It’s also a large employer, accounting for about 30% of all formal mining jobs last year, with as many as 500,000 small-scale and artisanal miners plying their trade across the country.

In the face of numerous challenges, capacity utilisation in the industry fell to 71% in 2018 from 74% in 2017, by chamber estimates. And in the first quarter of 2019, gold production was down 10% — the biggest slump across the minerals sector — says chamber CEO Isaac Kwesu.

It’s problematic for an industry that has the capacity to boost an ailing economy — and for government’s ambitions for the sector. It’s looking to increase annual bullion output to 100t a year by 2023, in the hope the sector will raise much-needed forex to fund vital imports such as fuel, medicine and electricity.

But it is the forex crunch itself that gold producers blame, in large measure, for the state of play.

Zimbabwe’s central bank pays gold miners 55% of their earnings in foreign currency, with the balance paid out in local currency — real-time gross settlement dollars, or RTGS$ — at the official exchange rate (about $1/RTGS$5, against a parallel-market rate of $1/RTGS$9). But delays in accessing foreign earnings are concerning, says the mines chamber.

Metallon, one of the country’s large producers, previously told the FM that it was feeling the effects of “the delay of payments for gold deliveries, and foreign currency shortages for securing key inputs”. And it’s been reported that Metallon chair Mzi Khumalo is suing the Reserve Bank for failure to access foreign currency earnings — a reason another large miner, RioZim, previously closed its operations.

It’s not just the large miners that are struggling under the currency rules.

Small-scale miner Philip Nyazvigo owns gold claims in Mazowe, just north of Harare. “As miners, we bring in a lot of foreign currency,” he says. “We used to be OK when [the central bank] was giving us 70% in forex and 30% was put into local currency. But now we are worse off — we get only 55% in forex and the rest in local currency, which is useless. Everything we do is in forex … [There is] a mismatch, because we have a lot of expenses, such as transport, employees and other inputs.”

Besides the forex crunch, rolling power cuts present a new threat to the industry — despite miners paying a premium for uninterrupted power.

Batirai Manhando, outgoing president of the Chamber of Mines, says the blackouts are a recent phenomenon, and the mining industry still gets priority in terms of power allocation. However, he says “there has been some load-shedding in some gold mining houses”.

Smaller miners in particular are more vulnerable to issues around mineral claims and inadequate infrastructure.

Nyazvigo points to the effects on production of unclear rights allocations. “Disputes over gold claims are very common, especially among small-scale miners,” he says. “The mining certificates we have use approximate location so you end up having people coming every day to say: ‘This is my claim.’ This disturbs operations.”

Moving ore to processing centres is also problematic, as producers are forced to use roads considered unsafe. It costs them as much as $150 to move 5t of ore. And with the national rail agency now adjusting freight charges to match inflation, production costs across the board will rise.

Government is consulting on increasing ground rental fees, according to industry insiders — likely to eat further into margins.

The result has been cutbacks and a scaling down of operations. Large companies such as Metallon, for example, have put workers on short working weeks, while others are retrenching miners, says Tinago Ruzive, president of the Associated Mine Workers Union of Zimbabwe. “There is a lot of compromising of safety measures as workers have to work without sufficient protective wear and gear.”

Mines minister Winston Chitando had not responded to questions at the time of going to print. But the Zimbabwean central bank is trying to boost production — and discourage smuggling — through an incentive system. It was paying an output incentive of about $1,368/oz for gold, against a fluctuating spot price of about $1,327 at the beginning of the week.

But the problem, according to a finance manager at a large gold mining company, is that there is little willingness to address underlying challenges affecting the industry.

There’s also been little to no investment for expansion.

“There are no new gold projects and investment into capacity expansion is very limited,” says a board member of a local gold company, speaking on condition of anonymity. “The gold sector is struggling and we see this as reflecting in the first-quarter output decline for gold which, if we are not careful as a country, may continue for the remaining quarters.”

3 Months Later, Zimbabweans Still Feel Effects of Cyclone Idai – The Zimbabwean

Ursula Mueller said the situation in the cyclone-hit areas of Zimbabwe is still “devastating and distressing.” She said people are still food insecure and cannot access basic health care.

“This is particularly distressing for people living with HIV who face a double dilemma of being unable to access drugs,” she said. “Even if they can access them, not be being able to absorb them on an empty stomach.”

Mueller, who is visiting Harare, said the U.N. and its partners have received just 40 percent of the $294 million they appealed for to respond to the effects of Cyclone Idai.

That is certainly not good news for people like 79-year-old Everisto Gambire, whose home was totally destroyed by Cyclone Idai. He survived, but not his four grandchildren.

“It’s still painful up to now,” he said. “They had grown up and I could manage to send them to do some chores like cleaning dishes when their grandmother was not around. The loss is still troubling my mind. My son Mathew is really hurt too for his loss of children. He is suggesting of relocating. Remaining here in this place is troubling him.”

El Lovemore Utseya, the councilor for Chimanimani, says he has been overwhelmed by people, like Gambire, who want to be relocated.

“They are really pleading, asking for new places to settle as it is now difficult to live in hilly areas,” said Utseya. “All their fields and grazing lands were wiped out by the heavy rains and winds.”

Mueller said it is “very important that there are plans and actions to resettle these people in areas that are not disaster-prone.”

But with the lack of funding for the relief efforts, it might take time for people like Gambire and his family to find a new home.

A country on the edge
Zimbabwe demands right to sell ivory to fund game reserves

Post published in: Featured

Morning Docket: 06.12.19

Donald Trump Jr. (Photo by Win McNamee/Getty Images)

* Donald Trump Jr. is going to have a closed-door hearing on a limited number of topics for a limited amount of time before the Senate Intelligence Committee today. Should be an informative romp around the invocation of the Fifth Amendment. [POLITICO]

* The House Judiciary Committee will sue AG Bill Barr and former White House counsel Don McGahn for refusing to comply with subpoenas related to receiving an unredacted copy of the Mueller report on Russia’s efforts to influence the 2016 election and President Donald Trump’s possible obstruction of justice. [NBC News]

* “When it comes to corporate power, bigger is not always better.” In case you missed it, 10 states have filed suit to put an end to the Sprint-T-Mobile merger deal, claiming that consumers will be hurt price wise due to the lack of market competition. [Reuters]

* Alabama Law isn’t quite through with Hugh Culverhouse Jr. just yet. Professor Ronald Krotoszynski has some wise words to share over how untenable large class sizes would have been for a school that has tried to right-size since the recession severely impacted law graduate employment. [Washington Post]

* Ever since CKR Law started having trouble paying its partners, causing some to flee as a result, the firm has stopped growing at the speed it once was. Duh? [New York Law Journal]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Calls Intensify To Hold Columbia Law Lecturer Responsible For Her Role In The Central Park Five Case

When the Ken Burns documentary about the Central Park Five came out in 2012, there was a petition put up by Columbia Law students to get Elizabeth Lederer — the chief prosecutor in the case — removed from her position as a lecturer at the law school.

The school did nothing. Lederer, who is also still a senior counselor in the Manhattan D.A.’s office, continues to teach at Columbia Law.

Now, with release of Ava Duvernay’s Netflix miniseries When They See Us, Columbia students are once again asking that the law school cut ties with this disgraced woman who helped put five children in jail for a crime they didn’t commit.

Here’s part of a letter from the Columbia Black Law Students Association:

Since Lederer’s integral role in the case has received a national spotlight, there have been multiple efforts urging Columbia Law School to take action. In 2013 a petition was circulated, which gained thousands of signatures and demanded the removal of Lederer. Instead of taking decisive action to address the issue, Columbia Law School simply removed the Central Park jogger case from Lederer’s online bio. Now, with the release of Ava Duvernay’s When They See Us on Netflix, Columbia’s inaction on this subject shows a disconnect between the values Columbia purports and the actions the Law School takes. Another petition, circulated by our brothers, sisters, and non-binary friends at Columbia University Black Students’ Organization, has gained thousands of signatures and again demands for the removal of Elizabeth Lederer.

Before some of you conservatives pull out your “scholarly debate” violin, let me stop you. There is no “scholarly” debate here. There is no academically defensible position that says “sometimes, you just gotta round up all the n***ers and see which one of them breaks.” There’s no scholarly position that says “once you’ve been proven wrong, by direct scientific evidence, you should never apologize or speak about your errors, and instead keep going like nothing ever happened.”

Lederer is emblematic not just of how the white legal system hunts and predates on black and brown children, she’s not only emblematic of how prosecutors use and abuse their discretion, she’s emblematic for how prosecutors are taught to defend their past transgressions even in the face of clear and convincing evidence that they were wrong. It has been SEVEN YEARS since DNA evidence exonerated the Central Park Five. Seven years! There have now been two films detailing how Lederer and the rest of her cronies railroaded these kids. That’s given Lederer more than enough time to apologize. That’s given her more than enough time to learn from her mistakes, try to make amends, and start her long path to redemption.

Instead, she can’t even be bothered to publicly comment on the issue, and all Columbia Law can do is scrub her bio.

If Lederer had reckoned with her mistakes and apologized for them, I could see an argument for keeping her on as a lecturer. After all, lawyers are going to make mistakes. They’re going to pursue the wrong leads. They’re going to defend the wrong people or prosecute the wrong people. How they ethically deal with their bad calls is at least as important as how they make the good calls. There’s a universe in which people could learn something from Elizabeth Lederer.

But first she’d have to learn something herself. And it appears she’s unable or unwilling to do that. NOTHING can be gained by the students at Columbia Law from a teacher who remains so pigheaded who can’t even apologize to the victims of her failure. Columbia should not be teaching their students that being a lawyer means never having to say you’re sorry. And God forbid that anybody graduates from Columbia Law secure in the knowledge that if they shamelessly railroad unaccompanied minors into false confessions, future employers will look the other way as long as their conviction rates are high enough.

Lederer, in her current form, has no business being in the arena of any law student, much less an allegedly elite school like Columbia. By keeping her on, Columbia Law sends a message to its black and brown students that those who prey upon their communities will be rewarded.

And if that’s not enough of a reason for Columbia Law to cut ties with her, we need to ask why Columbia Law school is willing to defend a person who, at the very least, was terrible at her job and hasn’t bothered to learn anything from her experience. I mean, Columbia is supposed to be a SCHOOL, right? Not a halfway house for disgraced lawyers involved in high-profile malfeasance. Who are they going to hire next, Bill Barr?

You can read the full BLSA letter on the next page. Maybe this time Columbia will do what it should have done seven years ago.

Mid- to Senior Level Labor & Employment Associate Attorney

A reputable California law firm is seeking an experienced labor and employment associate for its Sacramento office.

The ideal candidate will have 4-7 years of experience defending employers against claims for wrongful termination, discrimination, harassment and retaliation.

Must have strong writing and research skills and taking and defending depositions. Must be barred in CA.To be considered, please submit your resume to jobs@kinneyrecruiting.com.

Jay Powell Didn’t Really Think A Future Rate Cut Would Get Donald Trump Off His Back, Did He?

If so, he’s even dumber than he looks, or the man playing him like a fiddle.

The Messy Family Drama Of A Biglaw Firm Founder

William Gibbs McAdoo, the founding partner of what white shoe Biglaw firm, is also known for his political career, having served as Treasury Secretary under Woodrow Wilson? He also ran for the Democratic nomination for president in 1920. Though he led in the first ballot at the convention, his nomination was ultimately blocked by Wilson — who has also McAdoo’s father-in-law. [Awkward.] Wilson had hoped a deadlocked convention would lead to calls for him to serve a third term in office.

Hint: McAdoo is also known for serving as general counsel for the founders of United Artists, taking a 20 percent share of the venture for the effort.

See the answer on the next page.

Biglaw Firm Holds Firm Meeting To Say They’re Making Tons Of Money And Won’t Be Giving It To Associates

Kirkland & Ellis is raking in the dollars these days and isn’t ashamed to let everyone know about it. Kirkland’s so far and away ahead of the competition that a recent study suggested that it’s worth almost double its nearest competitor, even dunking on Toys R Us. No one is missing the newsflash that it’s now Kirkland’s world and we all live in it.

At least until the private equity space collapses.

But we’ve received reports that the firm must have worried that U.S. associates were missing out on the news because the firm convened its routine firm meeting and offered an hour-long town hall to tell everyone about how rapidly the firm is growing, how efficiently the firm has cut costs, and how much more the partners are taking home in profits. Equity partners, anyway.

It’s the sort of presentation that one wouldn’t expect an associate would need to forfeit a billable hour to attend… unless it was setting up some exciting news. Perhaps this was the prelude to: “And therefore without even dimming our dreams of a new summer home in the South of France, we’re giving you all $5K to spend this summer!”

Alas, the presentation just sort of ended after telling all the young lawyers about the partner largesse. During the Q&A period, someone allegedly asked about summer bonuses and the firm responded that those certainly weren’t planned unless the market moved, prompting Gunderson Dettmer to wonder when they became chopped liver over here.

Apparently associates overlooked the small part they had inadvertently played in “how efficiently the firm has cut costs.”

While Kirkland is, in many ways, the model of “Biglaw firm as corporate business,” taking as many cues from the Fortune 100 as it does the Am Law 100, an all-hands meeting to gloat about share price is one they probably should have left on the cutting room floor. When a megacorporation invites everyone to see how profitable the company is, the reason that doesn’t end in guillotines is that even the lowliest staff members have some stock options in their pockets and see the slightest profitability jump as impacting them directly — if ever so slightly. But when the partners in a law firm boost PPP by another $200K, the associates don’t get anything out of the deal.

Unless they get a gratuitous summer bonus, that is.


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Making Legal Technology Intuitive

Joe and Elie chat with Ryan Steadman of Zero about legal technology and how to drive adoption among a profession that’s notoriously averse to tech. Zero manages email retention by automatically filing communications with the help of a practical AI system — the sort of inbox management that used to require an afternoon of labor or setting up a million rules. Ultimately, the key to legal tech adoption may be gravitating toward the familiar rather than loading up on flash.