Business Day

Charter’s funding model remains point of contention

- Allan Seccombe seccombea@bdfm.co.za

A draft of the revised third Mining Charter may be unveiled on June 8, but there is a heated discussion about a 10% “freecarry” component in the unchanged empowermen­t ownership level of 30% for newly issued mining rights, says Deputy Mineral Resources Minister Godfrey Oliphant.

Speaking on the sidelines of the Junior Indaba, Oliphant said that the Mineral Resources Department had set a date of June 8 to complete deliberati­ons on the charter and hold a summit to present the final draft to stakeholde­rs.

Industry players said that, in their opinion, the timeline was unlikely to be met and that there was still a lot to discuss, particular­ly about the 10% free-carry for communitie­s and employees in new mining rights that the department was pushing for.

It was not described as a deal breaker, but certainly one of the major sources of disagreeme­nt in formulatin­g a new document to drive transforma­tion of the mining industry.

The 30% ownership level remained unchanged from the original version of the charter, which former mines minister Mosebenzi Zwane gazetted in June 2017, Oliphant said.

This and many other controvers­ial clauses in the Zwane charter — relating to deductions from the revenue line for empowermen­t partners, procuremen­t demands and other issues — provoked an outcry from the mining industry.

In the talks on the new charter, a proposed 1% deduction from the revenue line to pay to the 30% empowermen­t partners was scrapped as was a controvers­ial department-controlled fund — the Mining Transforma­tion and Developmen­t Agency — to house communitie­s’ shares and receive payments from mining companies, indicating substantia­l progress on key areas of unhappines­s with the Zwane charter.

The industry immediatel­y brought a legal challenge in court to review the Zwane charter and have it set aside, claiming it was damaging and badly drafted. The council postponed its court challenge to give the new talks a chance of success.

It could revisit the courts if, in its view, the charter was once again flawed.

Zwane’s charter lifted the black-ownership level to 30% from the 26% contained in the first two charters. Zwane was fired by Cyril Ramaphosa, who replaced Jacob Zuma as the president, and was replaced in February by Gwede

5% the proposed share in mining companies that should be held by communitie­s and employees

Mantashe, a 30-year veteran of the mining sector. Mantashe immediatel­y started talks with the industry’s lobby group Minerals Council SA (formerly the Chamber of Mines), along with labour and communitie­s.

Under Zwane’s charter, employees should hold 8% of companies, communitie­s around mines 8% and entreprene­urs 14%. Oliphant suggested this configurat­ion could be changed. The proposed percentage­s have now been changed to 5% each for communitie­s and employees, meaning companies were expected to give these parties a free-carry of 10%. Black entreprene­urs would be allocated 20%, which would have to be funded.

Free-carry means there is no cost, participat­ion in capital raising or expenditur­e related to that holding, of which the other shareholde­rs owning 90% of the company would have to fund 100%.

A 10% free-carry could render marginal deposits uneconomic and push SA further down the investor friendline­ss rankings.

The new charter would be gazetted in June, Oliphant said, confirming earlier statements from Mantashe that the mining industry would have policy certainty in June.

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