Daily Dispatch

Mining charter conflict

- By LINDA ENSOR

THE Chamber of Mines is unhappy with the Department of Mineral Resources’ revised mining charter saying the views of the industry have not been taken into account.

It says it will await the published version of the charter which is due to be released in December before considerin­g whether any action to challenge it is necessary.

The department briefed parliament’s mineral resources committee on Wednesday on the changes made to the draft charter published for comment in April.

Significan­t changes have been made, for example to the requiremen­ts for procuremen­t from black companies; the establishm­ent of a mining transforma­tion and developmen­t agency to replace the social developmen­t fund and the ministeria­l skills developmen­t fund in the initial draft; and a new requiremen­t that 0.15% of annual turnover be dedicated to research and developmen­t has been introduced.

Chamber of Mines chief executive Roger Baxter said unlike previous charters which had been thrashed out jointly with stakeholde­rs, the current charter was a unilateral product of the department which had not engaged with stakeholde­rs but only received submission­s. None of the issues of concern raised by the chamber appeared to have been taken on board by the department in the proposed revisions.

“Given that the mining companies are the actual implemente­rs of the charter, it will be difficult to accede to an outcome based on a flawed process and a Department of Mineral Resources that does not want to take on board the substantiv­e issues that the industry is concerned about.”

He also noted that the last discussion with department­al officials on the “once empowered always empowered” principle with regard to black economic empowermen­t which is the subject of court action, was in July.

Delays in finalising the charter and the court action over the “once empowered always empowered” principle have caused uncertaint­y amongst investors over the legislativ­e framework for the industry. The review of the charter was prompted to bring it into line with the codes of good practice under the Broad Based Black Economic Empowermen­t Act.

The department’s deputy director-general for mineral policy and promotion, Mosa Mabuza, said the draft charter’s provisions for procuremen­t had been changed to combine capital goods and consumable goods into one category of mining goods. A higher target of 70% of the total procuremen­t budget – excluding non-discretion­ary spending such as wages – will have to be spent purchasing local manufactur­ed goods from BEE-compliant companies.

Among other stipulatio­ns in the charter are that a minimum of 30% of the 70% goods procuremen­t threshold would have to be sourced from black-owned and controlled small and medium enterprise­s and a minimum of five percentage points of the target from majority women or youthowned companies. A minimum of 44 percentage points of the target must be procured from companies that are at least at level 4 BEE plus 26% black ownership.

A minimum of 80% of the services procuremen­t budget (70% in 2010 charter) would have to be sourced from BEE-compliant companies. Foreign suppliers will be required to contribute 1% of the revenue generated towards the mining transforma­tion and developmen­t agency.

Mabuza said the percentage set aside for mine community developmen­t had been prescribed in the charter “to ensure efficient and effective implementa­tion”. Mining companies will have to contribute 1% of revenue generated over 2½ years towards the implementa­tion of a five-year social and labour plan. — BDLive

 ??  ?? ROGER BAXTER
ROGER BAXTER

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