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29 March 2021 | Story Prof Theo Neethling | Photo Johan Roux
Prof Theo Neethling is from the Department of Political Studies and Governance at the University of the Free State
The Cabo Delgado province in the northernmost part of the long Mozambican seaboard is now home to Africa’s three largest liquefied natural gas (LNG) projects; these projects have attracted many of the world’s major multinational energy companies, accompanied by massive LNG investments. There can be little doubt that the discovery of rich LNG reserves is a potential game changer for Mozambique’s economy and the development agenda of the country. It is potentially an opportunity for the rapid advancement of a country that currently ranks close to the bottom of the United Nation’s Human Development Index. World Bank data annually ranks Mozambique as among the poorest countries in the world.

Mozambique ‘has hit the jackpot’

Since 2011, rich LNG reserves have been discovered off the coast of Cabo Delgado in the Rovuma Basin. With the discovery of major offshore gas fields, many observers have been prompted to suggest that Mozambique, one of the poorest countries in the world, ‘has hit the jackpot’ – and recently, it has been claimed that by the mid-2020s, Mozambique could become one of the top ten LNG producers globally. Together, the gas projects are estimated to be worth $60 billion, and this could obviously revolutionise Mozambique’s economy of $15 billion.

However, despite the billions in investments by major multinational energy companies since 2012, the people of Cabo Delgado are yet to see the material benefits from these projects. One of the biggest risks for international investors in the LNG industry is the many unknowns associated with the threat posed by the militant Islamic movement, Ansar al-Sunna, which has especially been active in the Cabo Delgado province since 2017. Whereas Ansar al-Sunna, locally known as Al-Shabaab, initially advocated the ‘purification’ of Islam in Mozambique by preaching a moving away from the practices of the mystical traditions of Muslim Sufis – who are the majority of Muslims in Mozambique – and projecting Sufis as degenerate, the movement eventually made it clear that its goal was to impose Sharia law (Islamic law) in Cabo Delgado.

Since independence in 1994, the central government of Maputo has lacked a monopoly over the means of violence in its territory and its long coastline. In this context, Renamo regularly clashed with the central government in a 16-year civil war that claimed more than a million lives. Fast forward to the future – Ansar al-Sunna with its ISIS links now poses the main security threat to the Mozambican government and its armed forces.

The situation has gone from bad to worse

The escalation of violence and armed conflict since early 2020 has raised some pressing questions over the future of LNG investments, and even put the future of the LNG industry at high risk. Obviously, the foreign companies with their substantial investments feel threatened, especially at the current stage where final investment decisions have to be taken.

In recent months, the situation in Cabo Delgado has gone from bad to worse. In November 2020, dozens of people were reportedly beheaded by Islamic militants in northern Mozambique. Now the beheadings and bloodshed have spread to the town of Palma; taking the bloodshed to another level. This is not good news for the LNG industry in Mozambique, as Palma is supposed to become the manufacturing hub where hundreds of skilled workers will be located.

Amid the development of an increasingly alarming human rights situation towards the end of last year, including the killing of civilians by insurgents, the United Nations High Commissioner for Human Rights, Michelle Bachelet, has appealed for urgent measures to protect civilians in what she described as a “desperate” situation and one of “grave human rights abuses”. She also stated that more than 350 000 people have been displaced since 2018.

In conclusion, there is little doubt that Islamist insurgents have managed to increase the scale of their activities in Cabo Delgado, and that the lack of governance and a proper security response by both the Mozambican government and Southern African leaders make this a case of high political risk, which can potentially jeopardise the successful unlocking of the country’s resource wealth. Until now, the main LNG installations and sites have not been targeted or directly affected, but the security risks to these vast investments – and Mozambique’s development potential – are certainly on the increase and posing a threat to the LNG industry.

Opinion article by Prof Theo Neethling, Department of Political Studies and Governance, University of the Free State 

 


News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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