Ford, IBM off hook in apartheid case
VICTIMS of apartheid in South Africa could not pursue lawsuits seeking to hold Ford Motor and IBM liable for conducting business that helped perpetuate the practice decades ago, a federal appeals court ruled yesterday. The 2nd US Circuit Court of Appeals in New York said black South Africans did not show that Ford and IBM had engaged in enough wrongdoing in the US from the 1970s to early 1990s to justify lawsuits over their alleged roles in killings, torture and other human rights abuses. The plaintiffs sued 13years ago under the Alien Tort Statute, a 1789 law that lets nonUS citizens seek damages in US courts for human rights abuses abroad. – Reuters THE JOBS carnage in the mining industry is likely to continue as high cost mines close over the next three years.
Declining commodity prices, subdued economic growth in China and weak demand have seen mining houses dramatically cut costs in the past few months, but this is not enough to save the struggling industry.
Yesterday, credit rating agency Moody’s Investors Service said AngloGold Ashanti and Gold Fields would have to restructure their operations to a lower gold price after the precious metal fell to $1 091 (R13 755) an ounce on Friday, more than $230 below its 52week high.
The slump was driven by prospects of rising interest rates, a strong dollar and heavy selling in China and India.
The Moody’s research concluded that the gold price decline was credit negative for both companies because it would lower their revenues.
Productivity
Peter Major, an analyst at Cadiz Corporate Solutions, said many more jobs were on the line due to declining productivity.
“There has to be more job losses on the cards because companies are operating at massive losses. High-cost gold mines will close in three years. Unfortunately, most of gold mines have become high cost,” Major said.
The ANC yesterday called on companies to revise their job shedding plans as they would worsen the local economy. However, market dynamics, including rapidly declining commodity prices were beyond their control.
Major said South Africa’s mining sector had become inflexible.
“There is too much union and government interference in the operations of our mines. They are all competing. The moment there is us and them there is no hope for mines in South Africa,” said Major.
Johan Botes, Cliffe Dekker Hofmeyr’s employment law director, said the parties should have frank discussions about the state of the industry.
“If ever there was a need for a true partnership between trade unions and business this may be it,” Botes said.
The DA called for drastic action, including the withdrawal of the Mineral and Petroleum Resources Development Act pending a rewrite that would recognise the need for the mines to be financially sustainable.
This comes after diversified global mining company Anglo American said it would shed 6 000 jobs by the end of the year as part of a plan to reduce 54 000 jobs by 2018 as it divests Moody’s analyst, Douglas Rowlings, said Gold Fields, which operates South Deep outside of Johannesburg, would suffer more because the company calculated the value of its underground gold reserves at $1 300 an ounce.
The company’s 15 percent free cash flow margin target at this level deduces a cash flow breakeven at its mines of $1 105 an ounce.
“Gold Fields could be required to revise its reserve gold price downward under accounting principles if it determines its current assumption is no longer reasonable,” he said.
“This would lead to an impairment of mine values as a result of lower calculated future cash flows. A low gold price would also compound the negative free cash flow situation at the company’s South Deep mine, which will need additional capital expenditures to complete production ramp-up.
Rowlings said AngloGold Ashanti’s free cash flow would also weaken as a result of lower gold prices, despite the company being on a stronger footing after selling its US mine.
“Even though the company no longer has to meet sizable project capital expenditure commitments for its US mine, lower gold prices will make returning to positive free cash flow generation more challeng- ing. A low gold price will also limit the options that AngloGold Ashanti has in deciding what to do with its Obuasi mine,” he said.