Business Day

Zwane: ANC was consulted

- Natasha Marrian, Genevieve Quintal and Allan Seccombe

The controvers­y dogging the revised Mining Charter continued on Tuesday, with Minerals Resources Minister Mosebenzi Zwane claiming that he had consulted his colleagues in the ANC “up to its top six officials”.

But signs emerged that this might not have been done.

“I have consulted up until the six officials, all of them agreed with this charter,” he said on the sidelines of the Black Economic Empowermen­t Advisory Council workshop in Pretoria.

But insiders interviewe­d by Business Day said they were shocked at the details in Zwane’s charter — as he had not presented these to the ANC’s economic transforma­tion committee. Insiders in the department also said that internal consultati­ons had been more limited than in the past.

Zwane was meant to attend a meeting between the ANC and the Chamber of Mines on Tuesday, but failed to pitch.

At the meeting, the chamber asked the ANC to intervene in the impasse over the controvers­ial Mining Charter, or face a messy court process.

A party delegation led by ANC secretary-general Gwede

Mantashe met representa­tives of the chamber.

While the ANC expressed concern about the potential for further employment losses in the sector, it said it remained committed to transformi­ng the sector. The contested “once empowered, always empowered” issue was raised by the chamber on Tuesday, as well as amendments to the Minerals and Petroleum Resources Developmen­t Act. Miners also complained that negotiatio­ns on the charter had been on track under former minister Ngoako Ramatlhodi, but that Zwane had “shut the door” on taking office.

The chamber made it clear that it was deeply unhappy with the document and the lack of consultati­on and negotiatio­n with the organisati­on, which represents 90% of SA’s annual mineral production, ahead of the charter’s implementa­tion. The release of the charter last Thursday immediatel­y knocked close to R51bn off the market capitalisa­tion of the JSE-listed mining stocks, with the duallisted heavyweigh­ts losing the most ground.

The chamber offered to return to the negotiatin­g table to redraft the charter, setting more realistic targets and removing some of the most problemati­c clauses — such as the 1% charge on revenue to be paid to the 30% empowermen­t partners every year. The chamber requested the ANC to assist it in reining in Zwane, but did not rule out the option of approachin­g the courts.

Mantashe would not go into detail on Tuesday’s meeting, but said it was clear that the matter would go to court.

He, however, confirmed that detailed discussion­s were held with the chamber and all the concerns were laid on the table.

While it was unclear whether the ANC agreed to intervene during the discussion­s with the chamber, Mantashe told Business Day that agreement on the issue had to be between the minister and the chamber.

The ANC would provide “support” in the process, he said.

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