Business Day

Gigaba faces conundrum over Mining Charter clash

- Allan Seccombe seccombea@businessli­ve.co.za

The overtures of Finance Minister Malusi Gigaba and ANC treasurerg­eneral Zweli Mkhize’s to the Chamber of Mines to resolve the crippling impasse between the industry and controvers­ial Mineral Resources Minister Mosebenzi Zwane have come to very little.

With the ANC’s leadership focused on the elective conference and the struggle for control of the governing party, the discussion­s with the ANC have been fleeting and of not much depth or resolution.

The talks with Gigaba were similar, but he may take a proposal about the temporaril­y suspended third iteration of the charter to a Cabinet meeting.

Any proposal for a moratorium of the charter by Gigaba, if that is indeed what he has in mind, would be a slap in the face for Zwane who has defended the document he gazetted in June as a fine example of his department’s commitment to “radical economic transforma­tion”.

It could also highlight the divisions in the ANC.

It could be argued that both the ANC and the chamber are in a holding pattern regarding the dispute about the third charter, which knocked R51bn off the value of JSE-listed mining stocks in a single day.

Zwane agreed to suspend the charter in the face of fierce legal resistance from the chamber and subsequent­ly, a number of communitie­s, pending the outcome of the court case.

Whichever way the judgment goes in February, there will be an appeal.

The lull in talks could well be underlain by hope in the industry that if Deputy President Cyril Ramaphosa wins the ANC leadership battle,

deposing President Jacob Zuma and his faction, a more pragmatic stance could be adopted in the party towards the mining sector, and that Zwane, a divisive figure at best,

would be removed from his post. By extension, a new mines minister might just scrap the third charter and restart talks with the industry to formulate a less damaging document to plot

the transforma­tion of the sector as the first two charters have done since 2004.

Besides, even if there were to be further engagement between now and early 2018,

the chamber’s key strategist and negotiator, CEO Roger Baxter, has been incapacita­ted by surgery for at least a month. There can therefore be no substantiv­e talks between the chamber and any other party in this time.

What is clear is that the offers by Gigaba and Mkhize to act as facilitato­rs or brokers of talks between the chamber and Zwane are just as likely to prove fruitless.

Both Baxter and chamber president Mxolisi Mgojo have publicly declared that Zwane is not a man they will talk to, given the unresolved allegation­s of corruption that have marked his tenure as minister and as the Free State MEC of agricultur­e and his dealings with the Gupta family.

They have both reiterated the chamber’s resolute commitment to resolving the impasse about the charter in court, given what they say is Zwane’s poor track record — negotiatin­g the third charter in bad faith, ignoring the chamber’s inputs, and lack of meaningful consultati­on.

Almost a lone voice in the industry is Anglo American CEO Mark Cutifani, who at a year-end media event made the argument for the impasse to be resolved through negotiatio­ns rather than relying on the courts to do so.

Other CEOs have adopted a much less nuanced stance than Cutifani, pushing for the matter to be fought in court to protect their shareholde­rs’ interests in what has become an increasing­ly uncertain and onerous regulatory environmen­t.

 ?? /File picture ?? High hopes: There are hopes that if Deputy President Cyril Ramaphosa wins the ANC leadership battle his party could adopt a more pragmatic stance towards the mining sector.
/File picture High hopes: There are hopes that if Deputy President Cyril Ramaphosa wins the ANC leadership battle his party could adopt a more pragmatic stance towards the mining sector.

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