The intersection of natural resource wealth and legal oversight in Africa is often where the promise of economic development meets the reality of systemic leakage. For Leezola Zongwe, a doctoral researcher at the Mineral Law in Africa (MLiA) Chair, this tension is the focal point of a career dedicated to reforming how the continent manages its extractive industries. Zongwe’s work focuses on the critical mechanisms of mineral & energy resources law in Africa, specifically targeting the loopholes that allow wealth to exit the continent through illicit channels.
From the depths of the ocean to the legislative halls of Windhoek and Cape Town, Zongwe is examining the regulatory frameworks that govern the extraction of minerals. The research is not merely academic; it addresses the tangible loss of national revenue and the environmental costs of unregulated mining. By analyzing the political economy of corruption and the evolving nature of industrial taxation, Zongwe is contributing to a broader movement toward “decolonial perspectives” on how African nations can reclaim sovereignty over their natural assets.
A significant portion of this work centers on the phenomenon of illicit financial flows (IFFs)—the illegal movement of money across and out of countries. In the extractive sector, this often manifests as transfer pricing, under-invoicing, or direct corruption. Zongwe’s approach combines legal analysis with a critical look at the “Fourth Industrial Revolution,” questioning whether traditional tax models are sufficient for an era of digitized and automated mining operations.
Combating Illicit Financial Flows and Resource Leakage
One of Zongwe’s primary contributions is a detailed analysis of the Namibian legal landscape. In a 2021 LLM mini-dissertation through the University of Cape Town, Zongwe examined the legislation regulating anti-illicit financial flows within Namibia’s natural resources sector. The study, titled “To Amend, Repeal or Enact,” sought to determine whether existing laws were sufficient to prevent the siphoning of mineral wealth or if a total legislative overhaul was required.
This focus on financial integrity extends beyond Namibia. Zongwe has explored the broader regional implications of corruption, specifically through a 2022 publication in the South African Journal of International Affairs. In that work, Zongwe applied decolonial perspectives to the political economy of South Africa, arguing that the fight against illicit financial flows is inextricably linked to the historical and political structures of the state.
The practical application of this research was highlighted at the 2021 World Resources Forum, where Zongwe’s work on “Tracking and Returning Africa’s Stolen Money” was recognized as the best poster. The project emphasized the necessity of not only stopping the outflow of capital but creating legal pathways for the repatriation of assets that have already been illegally moved offshore.
The New Frontiers: Deepsea Mining and ESG
As terrestrial mines face depletion or increased regulatory scrutiny, the industry is looking toward the ocean floor. Zongwe has emerged as a critical voice in the legal debate over deepsea mining. Co-authored with O.T. Mutambara and published in a 2023 Routledge volume, Mining Law and Governance in Africa, Zongwe’s analysis provides an “African Enviro-Legal Perspective” on the risks and regulations of seabed extraction.
The legal challenge of deepsea mining is twofold: it requires a framework that can handle the unique environmental vulnerabilities of the ocean while ensuring that the benefits do not accrue solely to a few technologically advanced corporations. Zongwe’s work pushes for a governance model that prioritizes sustainability over rapid extraction.
This commitment to ethics is further reflected in Zongwe’s critique of Environmental, Social, and Governance (ESG) standards. At the 2023 World Resources Forum in Geneva, Zongwe presented a provocative look at “Adding the F-word to Environmental and Social Governance,” suggesting that current ESG frameworks often ignore the fundamental financial leakages (the “F-word” in this context referring to financial flows) that undermine the “Social” and “Environmental” goals of these policies.
Modernizing Taxation for the Digital Age
The arrival of the Fourth Industrial Revolution (4IR)—characterized by AI, robotics, and big data—has fundamentally changed how minerals are extracted and traded. Zongwe has questioned whether the current taxation regimes in Africa are obsolete. In a contribution to the Namibia Law Journal, Zongwe explored whether the 4IR requires a shift in how extractive industries are taxed, arguing that as mining becomes more automated and decentralized, the traditional “royalty-per-tonne” models may no longer capture the true value of the resource.
This modernization of law is essential for a “Just Transition.” During a 2021 panel discussion at the CoP II Workshop, Zongwe and other experts discussed the industrial opportunities in mining areas and the regulatory considerations needed to ensure that the shift toward green energy minerals (like lithium and cobalt) does not repeat the exploitative patterns of the colonial era.
| Focus Area | Key Contribution/Publication | Core Objective |
|---|---|---|
| Financial Integrity | Anti-Illicit Financial Flows (Namibia) | Closing legal loopholes to prevent resource wealth leakage. |
| Ocean Governance | Deepsea Mining Analysis (Routledge) | Establishing African enviro-legal perspectives on seabed mining. |
| Fiscal Policy | 4IR and Extractive Taxation | Updating tax laws to match technological advancements in mining. |
| Corporate Ethics | ESG and Financial Flows | Integrating financial transparency into sustainability standards. |
Why This Legal Evolution Matters
The stakes for the reform of mineral & energy resources law in Africa are high. When legislation is weak or poorly enforced, the result is a “resource curse” where mineral-rich nations remain economically stagnant while foreign entities and corrupt officials prosper. Zongwe’s work seeks to replace this cycle with a transparent, accountable system where the law serves as a shield for national interests rather than a tool for extraction.
By reimagining dispute settlement in extractives—a topic Zongwe presented at the 2022 Mineral Law in Africa Colloquium—the goal is to move away from biased international arbitration and toward fairer, more localized mechanisms for resolving conflicts between states and mining corporations.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. For specific legal inquiries regarding mineral and energy resources law, please consult a qualified legal professional.
As Zongwe continues doctoral research at the MLiA Chair, the next phase of this work will likely involve the practical application of these theories to the emerging “green mineral” rush. The coming years will see whether African nations can implement the legislative amendments Zongwe has analyzed to ensure that the transition to a low-carbon economy is both profitable and just for the continent.
We invite readers to share their thoughts on the future of extractive governance in Africa in the comments below.
