The imperatives of beneficiation law for Botswana’s Diamond Mining Industry and its implications for foreign investment

Abstract

The paper shall offer a vigorous debate on the opportunities and challenges of enactment of Beneficiation Law. The term beneficiation has been used largely to mean downward linkages and value addition to mineral resources for the benefit and full participation of the communities in which the mineral resources are mined. The linkages and/ or interface between beneficiation law and international investment protection will also be considered. Here, the writer will endeavour to assess how such a law impacts on protection of foreign investments. The paper shall on a balance argue that the opportunities of enactment of this law far outweighs the costs of coming up with same. In cementing this argument the paper shall draw lessons and inspirations from South Africa’s beneficiation strategy and Indonesia which has a successful story on full beneficiation law on mineral resources. The paper will finally conclude by putting forward some recommendations.