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*Late Mining Royalty Remittance Now Punishable By Up To Six Months In Prison*

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Persons responsible for remitting mining royalties to the Government, but failing to do so timely without just cause, face up to six months in prison, as per the recently enforced Finance Act.

If royalties are not remitted by the required deadline, interest will accrue at a rate determined by the Minister of Finance, Economic Development and Investment Promotion. This interest begins accruing the day after the deadline and continues until full payment is made.

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In special circumstances, the Commissioner-General of the Zimbabwe Revenue Authority may extend the time for the remittance of royalties without charging interest. Reads part of the Finance Act:

> As soon as it comes to the notice of the Commissioner-General of ZIMRA that any person responsible for remitting royalties timeously (which requires that royalties be remitted in the form of the mineral concerned and part local currency and foreign currency) has failed to do so, the Commissioner shall serve upon that person notice to pay amount equal to the amount of the royalties payable (hereinafter called “the primary civil penalty”).

The Act also says a person upon whom the Commissioner has served a notice who fails without just cause to comply with the notice within the first seven days of the period of 181 days shall be liable for a secondary civil penalty of US$30 or the maximum monetary figure specified from time to time for level 4, whichever is the lesser amount for each day the person remains in default, not exceeding 181 days. Reads the Act:

> If the person continues to be in default after the period specified in subparagraph (a) (181 days), shall be guilty of an offence and liable on conviction to a fine not exceeding level 10 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

The Act further stipulates that a primary and secondary civil penalty that becomes payable by the infringer shall constitute a debt due by the infringer to ZIMRA and shall, at any time after it becomes due, be recoverable in a court of competent jurisdiction by proceedings in the name of the Authority.

The primary and secondary civil penalty shall be paid into and form part of the funds of the Consolidated Revenue Fund. Reads the Finance Act:

> Where the Commissioner is satisfied that the failure on the part of the person concerned or any other person under the control or acting on behalf of that person to make payment of the mining royalties within the period for payment and was not due to an intent to avoid or postpone liability for the payment of the mining royalty, he may remit in whole or in part, any penalty or interest payable.

Pending the outcome of any civil or criminal proceedings concerning the payment or non-payment of royalties, the person liable to deduct and remit royalties must do so timeously or be liable to the penalties for failure to do so.

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