No. I
2018
and
(d)
the appropriate designated entity is equitably represenkd
in the governing hody of the merged or restmcturcd entity.
(3) :\o unbundling of a designated extracti\'c business or
demerger of two or more such businesses shall. if the \·alue of an)
business resulting from the unbundling or demerger is at or ab(we a
prescribed threshold, be appro\'ed unless--
(a)
fifty-one per cenrum in any such resulting business is held
by an appropriate designated entity (with or without the
pa11icipation of a comnmnity share ownership scheme
or employee share ownership scheme or trust or both):
and
(b)
the appropriate designated entity relc!Ted to in subpara~'l-aph
(c) is equitably represented in the goveming body of an:
such resulting business.
(-J.) I\o relinquishment by a person of a controlling interest in
a designated extractive business, if tht· value of the controlling interest
is at or above a prescribed threshold, shall he approved unless the
controlling interest is relinquished to an appropriate designated entit)
(with or without the participation of a conmmnity share ownership
scheme or employee share ownership scheme or tmst, or both).
(5) :\o projected or proposed investment in a prt~scribed sector
of the economy available f()r investment by domestic or foreign investors
for which an investment licence is required in tem1s of the Zimbabwe
Investment Authority Act [Chapter 14:301 shall he approved unless,
in the case of a designated extractive bw;iness, a controlling interest in
the investment is resen'ed for an appropriate designated entity (with or
without the participation of a community share ownership scheme or
employee share ownership scheme or tm"t. or both).
(6) In the case of a designated extracti,·e business the~ linister
rna y pennit the business in writing to do either of the following-(a)
to comply with this !\ct within such period as may he
prescribed by the ~linister so that indigenisation and
empowerment quota can he achieved; or
(b)
to achieve the indigenisation and empowerment quota
through the use of the credits and within and for such
period as the Minister shall prescribe.
3A Reserved sectors of the economy
( 1) Subject to subsections (2) and ( 10), only a business owned
by a person who is a citizen of Zimbabwe may operate in the reserved
sector of the economy.
(2) Every business owned by a person who is not a citiLen of
Zimbabwe that, before the 1st January, 2018, conunenced operating
in the resen·ed sector of the economy may continue to operate if(a)
it registers itsclfwith(i)
the Zimbabwe Revenue Authority;
(ii)
the t'nit. in accordance \Vith subsection (3);
and
(b)
it opens and maintains a bank account in accordance with
the Bank l-se Promotion Act !Chapter 24:241.
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