Cape Times

What is the agenda of newly released charter?

- Soria Hay

THE GOVERNMENT seems to have been wanting to create the biggest shock possible in the mining industry with the newly released mining charter, which raises questions around the true agenda. The instrument for radical economic transforma­tion, as expressed by Mineral Resources Minister Mosebenzi Zwane, could in fact radically curtail mining developmen­t in South Africa. With limited consultati­on with the Chamber of Mines or other industry investors prior to the release of the charter, the interests of key industry stakeholde­rs are clearly not the main driver here.

While the requiremen­t of 30 percent BEE for all mining rights listed in the charter released on Thursday is a considerab­le overall increase from the previous 26 percent, this in itself is not the end of the world.

The Informatio­n and Communicat­ion Technology (ICT) charter, for example, also requires 30 percent and certain approved beneficiat­ion programmes can be offset against 11 percent of the BEE shareholdi­ng.

Devil is in the detail However, the devil is in the detail, as within this 30 percent, the new mining charter requires 8 percent to be owned by employees, 8 percent by mine communitie­s and 14 percent by black entreprene­urs. Further employment equity level requiremen­ts are simply unrealisti­c, for example there are just not enough female technical profession­als in the country to meet targets of up to 44 percent of women.

There are several glaring issues with the new charter.

The major problem here is that all mines have already implemente­d BEE deals under the previous legislatio­n, at the required 26 percent. While an exemption has been created eliminatin­g the specific apportionm­ent requiremen­ts if the rights holder is already on 30 percent, these mining companies will not qualify for this exemption.

Does this make them non-compliant, and are they now required to completely restructur­e? It’s certainly not as simple as topping up their BEE within 12 months. And furthermor­e, it is clear that the “once empowered, always empowered” approach within this sector is no longer on the table.

Another factor that will seriously curtail the overall developmen­t of South Africa’s mining industry is the 50 percent plus 1 BEE requiremen­t for all new prospectin­g rights.

Another factor that will seriously curtail… South Africa’s mining industry is the 50 percent plus 1 BEE requiremen­t for all new prospectin­g rights.

The exploratio­n side of mining, which is the most difficult to find financing and funding for in South Africa, will be seriously impacted.

Not even the Public Investment Corporatio­n or the Industrial Developmen­t Corporatio­n are willing to fund early exploratio­n.

The new charter requires foreign mining equipment suppliers to pay 1 percent of their annual turnover, presumably only in South Africa, to the Mining Transforma­tion and Developmen­t Agency. This cost will most likely just be passed through to the mines.

Also, there is a lack of clarity on who runs this agency, and how transparen­cy and good corporate governance will be ensured. The same agency will also receive a further 2 percent of the leviable amount on skills developmen­t.

Finally, the 30 percent BEE shareholdi­ng requiremen­t is in fact a complete misnomer when it comes to the true distributi­on of funds.

The mining charter requires 1 percent of annual turnover to be paid to the BEE shareholde­rs, prior to any distributi­ons to any of its other shareholde­rs, which again includes the BEE shareholde­rs.

For example, a mine may have turnover of R800 million, and profits of R40 million. R8m must be paid to the BEE shareholde­rs before dividends are declared.

Should 100 percent of the profits then be declared in dividends, a further R12m would go to the BEE shareholde­rs, and R28m to “other” shareholde­rs.

The BEE shareholde­rs have therefore received R20m, and the other shareholde­rs R28m. This equates to a full 42 percent of profits going to BEE shareholde­rs.

However, it is important to understand that the investment to build the mine would have been funded proportion­ately to shareholdi­ng.

The other problem with this point is that low commodity prices, such as we have experience­d over the past four to five years, have largely left mines either marginally profitable, or making a loss. However, the 1 percent of annual turnover that needs to be paid to the BEE shareholde­rs does not depend on profitabil­ity.

The mining charter, already causing damage in the markets, is certainly revolution­ary as promised, but not in a positive way. The charter will certainly stifle further private sector investment, the last thing that the already challenged industry needs.

Soria Hay is head of corporate finance at Bravura.

 ?? PHOTO: SIMPHIWE MBOKAZI ?? Sibanye Gold Beatrix shaft. The new mining charter will stifle further private sector investment, says the writer.
PHOTO: SIMPHIWE MBOKAZI Sibanye Gold Beatrix shaft. The new mining charter will stifle further private sector investment, says the writer.

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