Indigenisation and Economic Empowerment Act updated as at 8th May 2015
that requires to be notified to the Competition Commission in terms of Part IVA of the
Competition Act [Chapter 14:28] shall be approved unless—
(iii) fifty-one per centum (or such lesser share as may be temporarily prescribed for
the purposes of subsection (5)) in the merged or restructured business is held
by indigenous Zimbabweans; and
(iv) the indigenous Zimbabweans referred to in subparagraph (iii) are equitably
represented in the governing body of the merged or restructured entity;
(c) no unbundling of a business or demerger of two or more businesses shall, if the value
of any business resulting from the unbundling or demerger is at or above a prescribed
threshold, be approved unless—
(i) fifty-one per centum (or such lesser share as may be temporarily prescribed for
the purposes of subsection (5)) in any such resulting business is held by
indigenous Zimbabweans; and
(ii) the indigenous Zimbabweans referred to in subparagraph (i) are equitably
represented in the governing body of any such resulting business;
(d) no relinquishment by a person of a controlling interest in a business, if the value of the
controlling interest is at or above a prescribed threshold, shall be approved unless the
controlling interest (or such lesser share thereof as may be temporarily prescribed for
the purposes of subsection (5)) is relinquished to indigenous Zimbabweans; and
(e) no projected or proposed investment in a prescribed sector of the economy available
for investment by domestic or foreign investors for which an investment licence is
required in terms of the Zimbabwe Investment Authority Act [Chapter 14:30] shall be
approved unless a controlling interest in the investment (or such lesser share thereof as
may be temporarily prescribed for the purposes of subsection (5)) is reserved for
indigenous Zimbabweans;
(f) all Government departments, statutory bodies and local authorities and all companies
shall procure at least fifty per centum of their goods and services required to be
procured in terms of the Procurement Act [Chapter 22:15] from businesses in which a
controlling interest is held by indigenous Zimbabweans;
(g) where goods and services are procured in terms of the Procurement Act [Chapter
22:14] from businesses in which a controlling interest is not held by indigenous
Zimbabweans, any subcontracting required to be done by the supplier shall be done to
the prescribed extent in favour of businesses in which a controlling interest is held by
indigenous Zimbabweans.
(2) For the purposes of subsection (1)(d), the relinquishment of a controlling interest in a
business—
(a) does not include the donation or disposal otherwise than for value of a business to—
(i) a member of the family of the person relinquishing it; or
(ii) any other partner or shareholder of the business, in the case of a business that is
a private company or partnership;
(b) includes the disposal by the liquidator of a company or other body corporate or the
trustee of an insolvent estate of an insolvent estate of a business or of a subsidiary, unit
or division of a business that is capable of being operated as a separate business.
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