Zimbabwe's highest court released detailed explanations for its March decision favoring ferrochrome producer ZIMASCO against tax authorities. The Supreme Court confirmed that chrome concentrates and ferrochrome products remained exempt from mining royalties during 2019 through 2022. Justices dismissed the Zimbabwe Revenue Authority's appeal, protecting ZIMASCO from paying ZWL$604 million and US$7 million in disputed assessments. The ruling established that processed mineral products like ferrochrome fall outside royalty obligations when no specific rates exist in legislation. Tax law requires explicit statutory authority before imposing any financial burden on companies.
The legal battle began after ZIMRA audited ZIMASCO's export declarations and challenged the company's royalty calculations. Revenue officials argued that both raw chromite and processed ferrochrome should generate royalty payments under mining regulations. However, the court determined that ferrochrome represents an artificial alloy created through industrial smelting rather than a natural mineral. Parliament addressed this gap through 2021 and 2024 legislative amendments, but these changes cannot apply retroactively to earlier periods.
The legal battle began after ZIMRA audited ZIMASCO's export declarations and challenged the company's royalty calculations. Revenue officials argued that both raw chromite and processed ferrochrome should generate royalty payments under mining regulations. However, the court determined that ferrochrome represents an artificial alloy created through industrial smelting rather than a natural mineral. Parliament addressed this gap through 2021 and 2024 legislative amendments, but these changes cannot apply retroactively to earlier periods.
