May 2021 Research Insight (original) (raw)

AI-generated Abstract

The paper examines the role of the Zimbabwe Constitutional Court (ConCourt) in influencing foreign direct investment through its decisions related to constitutional and legal frameworks affecting the mining sector. It discusses the implications of the ConCourt's use of the doctrine of "constitutional avoidance," particularly in the Anjin case, which denied a mining company's constitutional claims based on procedural grounds. The author argues that this approach undermines investor confidence and the protection of property rights, ultimately hindering Zimbabwe's ability to attract necessary foreign investment.