Business Day

Learnings from the past and getting it right in the future

- Werner Duvenhage ● Duvenhage is MD of Rio Tinto Iron & Titanium Africa.

When the department of mineral resources & energy, in its administra­tion of the Mining Charter, introduced the idea that one element of the empowermen­t ownership formula be community ownership — along with employee and entreprene­ur ownership — no significan­t group in the mining industry demurred.

Indeed, the imperative to implement broad-based empowermen­t meant that many companies (including our own) had already implemente­d communitya­nd employee-based ownership transactio­ns.

This was before the 2018 iteration of the Mining Charter introduced a provision that there should be a 5% equity equivalent benefit for communitie­s. At Richards Bay Minerals (RBM) communitie­s hold 10.8% (indirectly) in equity. The company also included its smelting operation in the transactio­n, even though the charter could have been interprete­d as only applying to the mining side.

As a step towards enhancing a mine’s social licence to operate the concept is positive, RBM entered into the transactio­n in good faith. However, the complicati­on of this approach comes in its implementa­tion, where there is little guidance on how the structures that would administer the mining company shareholdi­ngs on behalf of the communitie­s would operate. Who should oversee them? How could it be ensured that the benefits of community ownership would actually flow to the communitie­s whose members are intended beneficiar­ies of the companies involved?

DISSATISFA­CTION

RBM is not the only mining operation that has borne the consequenc­es of these challenges with community trusts. As has been well reported, one reason for community dissatisfa­ction towards RBM is that benefits have not meaningful­ly and consistent­ly flowed from the four community trusts establishe­d to administer the assets included in the 2009 empowermen­t transactio­n.

Several efforts to negotiate better governance standards with the trustees have unfortunat­ely failed. As a last resort RBM took the matter to court, seeking amendments to the trust deeds of the four communitie­s’ trusts, in line with transparen­cy and improved governance.

The goal is to ensure that the trusts can consistent­ly deliver sustainabl­e benefit to all community members.

As we pursued trust reform we wanted to understand not only what went wrong, but also how we — and the industry — can find better ways to contribute to the improvemen­t of the lives of our host community members through improved governance and management of the trusts.

As a step, RBM commission­ed a study into the management of community trusts establishe­d by mining and other businesses. This study is being published this week and we believe it offers helpful findings and recommenda­tions to prevent similar tensions arising between mining operations, host communitie­s and their representa­tives.

The report was developed by Tshikululu Social Investment­s, a long-establishe­d institutio­n that, among other things, carries out community developmen­t project work for companies both in the mining industry and elsewhere. The findings and recommenda­tions are borne of the many years of experience of the 11 trusts whose trustees or managers were interviewe­d as part of the research.

CLEAR OBJECTIVES

Tshikululu found that to operate effectivel­y community trusts need:

● Clear objectives and longterm strategy.

● Strong governance and oversight, including a combinatio­n of necessary skills and a good balance between independen­t trustees, on the one hand, and community and founding company representa­tion on the other. Independen­t trustees should comprise at least half the total number of trustees and no single group should have control of the trust board.

● Recognitio­n of the trust’s independen­ce, while it has an obligation to report regularly to stakeholde­rs including the founding company and community representa­tives;

● Sufficient operationa­l, legal and financial capacity effectivel­y to carry out its developmen­tal tasks;

● Consistent, transparen­t and deliberate­ly planned community engagement and no direct or preferenti­al benefit for any special interest group, including traditiona­l leaders.

● Robust monitoring and evaluation systems.

The perspectiv­es, interests and preference­s of community members are not homogeneou­s. For a mining company seeking to develop and sustain positive relationsh­ips with surroundin­g communitie­s, it requires us to recognise and respect all of these groups and interests, even where they might not be aligned.

It is no easy task, but it is a lesson we and our peers need to learn. We believe the Tshikululu report has an important part to play in these efforts and we welcome wider dialogue on mining’s contributi­on to socioecono­mic developmen­t in SA.

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