The Star Early Edition

Mine chief says he’d prefer talk over court

Gold Fields seeks resolution

- Dineo Faku

AS THE Chamber of Mines on Tuesday defended itself against claims by Mineral Resources Minister Mosebenzi Zwane – that it was trying to block transforma­tion in the industry – with counter-allegation­s of transparen­cy, Gold Fields chief executive Nick Holland said the mining company would favour talks to resolve issues regarding the charter over court action.

Holland told Bloomberg television the issue might affect other companies considerin­g restructur­ing or deals, but that it was not affecting Gold Fields operations or plans.

He said it was unclear how the court challenge against the third version of the mining charter would pan out.

The charter process had followed a lack of consultati­on with industry, he said.

The charter, among other stipulatio­ns, requires that new mining rights must have a 30 percent black ownership and that a holder of a new mining right pay 1 percent of turnover to black shareholde­rs prior to any distributi­on to shareholde­rs.

The chamber applied to the court for an urgent interdict against the implementa­tion of the charter, which was gazetted on June 15. In a surprise move, Zwane backtracke­d on his decision for a moratorium on the granting of new mining licences.

Responding to comments by Zwane, the chamber on Tuesday said it was not true that it was opposed to the transforma­tion of the mining industry.

“The chamber’s only proviso is that real transforma­tion must be implemente­d with due regard to what is achievable, bearing in mind the realities of the situation the industry faces,” it said.

The chamber also charged that transforma­tion advocated in the charter was designed to benefit the interests of a select few, while killing any appetite for investment and leading to further job losses.

“The Department of Mineral Resources (DMR’s) Reviewed Charter is designed to extract billions of rand in revenues annually from mining right holders into an agency controlled solely by the Minister of Mineral Resources.

“This agency has no governance in place and the irresistib­le conclusion is that its purpose is not to benefit transforma­tion,” it said.

About 20 000 mineworker­s are facing the threat of retrenchme­nts after Sibanye Gold, AngloGold Ashanti and Atlatsa Resources said they planned to mothball loss-making shafts.

The chamber blamed the DMR for having no transparen­cy and for not indicating who would access the funds, and how the funds would be accountabl­e.

“This is further an unconstitu­tional attempt to collect an additional tax,” the chamber said.

Zwane on Monday finally submitted an answering affidavit to the chamber’s applicatio­n to interdict the charter.

This after Judge Ramarumo Monama criticised him for “disrespect­ing” the court for missing the deadline for filing court documents.

Zwane accused the chamber of making “an attempt to block effective and meaningful participat­ion of black persons in the mining and minerals industry”.

Zwane also blamed the chamber for overstatin­g the impact of the charter.

“The applicant’s complaint that R50 billion has been wiped off mining stocks is, with respect, bizarre. When any legislativ­e or policy change in the country is mooted and debated, it affects those in economic control who might choose in the short term to sell their stocks. To use the litmus test of the short-term movement in mining stocks in response to a policy shift as a gauge for the lawfulness of those legislativ­e interventi­ons is incorrect,” he said.

Zwane also dismissed the chamber’s complaints that it had not been consulted in the drafting of the charter, saying it had had 17 meetings with the chamber between March 2016 and March 2017.

Holland said it is unclear how the court challenge against the third version of the charter would pan out.

 ?? PHOTO: SUPPLIED ?? The charter, among other stipulatio­ns, requires that new mining rights must have a 30 percent black ownership and that a holder of a new mining right pay 1 percent of turnover to black shareholde­rs prior to any distributi­on to shareholde­rs.
PHOTO: SUPPLIED The charter, among other stipulatio­ns, requires that new mining rights must have a 30 percent black ownership and that a holder of a new mining right pay 1 percent of turnover to black shareholde­rs prior to any distributi­on to shareholde­rs.

Newspapers in English

Newspapers from South Africa