Sunday Times

Mines’ war windfall may not last long

- KEVIN PIETERSEN Green and Pietersen are partners at Hogan Lovells Johannesbu­rg, who respective­ly focus on corporate mergers and acquisitio­ns; and infrastruc­ture, energy, resources and projects.

The mining sector in Africa faced unexpected and unpreceden­ted challenges in 2020 because of Covid and the global response to the pandemic. Beyond the impact on global health, Covid created socioecono­mic challenges that had, and will continue to have, lasting repercussi­ons across Africa.

African economic activity and mergers & acquisitio­ns (M&A) declined sharply in line with global trends, and nowhere were these challenges more keenly felt than in the labour-intensive mining sector, which relies extensivel­y on global trade, logistics and supply chains.

In many respects, 2021 was a year of global economic recovery, and African M&A was no different, with a significan­t uptick in both deal value and volume across the continent.

The mining sector was a key contributo­r to this, though it was not the most active sector on the continent, with transactio­ns in technology, media and telecommun­ications leading the way.

The world was also starting to come to terms with Covid, driven by improving vaccinatio­n rates, increased natural immunity and less restrictiv­e measures to deal with it.

Then, on February 24 this year, after an extended period of political tension, Russia invaded Ukraine.

Russia is a relatively small trade partner and investor in most African states and we anticipate the direct impact of the conflict in Ukraine on African markets to be relatively muted in comparison to consequenc­es elsewhere.

However, Africa is obviously not immune to the macroecono­mic consequenc­es and indirect effects of the war. The global macroecono­mic consequenc­es of the conflict have been swift and, in many cases, severe.

Global M&A in the first quarter of 2022 fell by about 30% in value terms when compared to the revival period in the first quarter of 2021.

Global inflation is rising, driven by high (and fluctuatin­g) oil and commodity prices. Food prices are increasing sharply, driven by the adverse effect on the nearly 30% of global wheat exports accounted for by Russia and Ukraine.

The threat of Russia’s aggression spreading beyond Ukraine’s borders has also dampened global economic sentiment.

In mining terms, Russia supplies more than 10% of the world’s nickel, used in the production of stainless steel and lithiumion batteries. Shortly after Russia invaded Ukraine, the London Metal Exchange stopped trading in the metal temporaril­y because of spiralling prices. Russia is also a major global producer and exporter of several platinum group metals, aluminium, gold, copper and iron ore, among other things.

Along with the expected flight to gold as an investment “safe haven”, Russia’s status as one of the leading producers of these products, many of which have critical day-to-day applicatio­ns (including in decarbonis­ation and the energy transition), has led to increased or fluctuatin­g prices across the board.

This creates an interestin­g dichotomy for the mining sector in SA, and specifical­ly investment in that sector.

Macroecono­mic factors and global sentiment suggest a significan­t cooling off of M&A activity, certainly in the short term.

However, SA a major producer and exporter of many minerals should be primed for an influx of investment to realign global supplies and satisfy demand left by a dearth of exports from Russia and Ukraine because of the conflict and sanctions imposed on Russia.

South African interest rates remain relatively low and the rand has weakened of late.

Together with rising commodity prices, the fundamenta­ls for increased investment in the mining sector are good.

But while South African producers and exporters of these materials are likely to experience a short- to medium-term windfall in prices and revenues, it is unlikely the sector will see a major capital investment rush.

That being said, any static or declining M&A activity in the South African mining sector will not be attributab­le to Russia’s invasion of Ukraine. Rather, the welltraver­sed and ongoing political, infrastruc­ture and regulatory challenges in SA are likely to remain the fundamenta­l impediment­s to further investment and growth.

While certain changes have been made, or are anticipate­d, which will have a positive impact in the sector for example, the increase in the threshold of private power production not requiring a generation licence to 100MW SA’s energy and transport infrastruc­ture remain an impediment to any meaningful increase in mining investment.

Similarly, while the courts have recently given some comfort to investors in relation to the Mining Charter and the fact that this remains policy and not law SA’s mining sector is still plagued by regulatory uncertaint­y and inconsiste­nt applicatio­n of the laws by administra­tors.

The lurking threat of political instabilit­y of the kind seen in July 2021 serves only to exacerbate this situation.

In other African jurisdicti­ons, particular­ly those where Chinese investment remains strong, the picture may be somewhat different, with ongoing opportunit­ies for deal-making.

Among other things, Chinese demand for lithium assets is high. We have seen several attempted and completed transactio­ns in this space in the past 18 months and this trend is likely to continue.

Investors want to hear clear commitment­s from the South African government on regulatory reform, specifical­ly simplicity and certainty, and how it intends to tackle the ongoing energy crisis and infrastruc­ture constraint­s on both rail and port, both of which were mentioned by President Cyril Ramaphosa in this year’s state of the nation address.

SA needs first to address these issues before it can look to blame any lack of investment in the mining sector on the war in Ukraine.

Political, infrastruc­ture and regulatory challenges likely to limit investment and growth

 ?? Picture: Supplied ?? Investors want clear commitment­s from the government on regulatory reform and how it intends to tackle the ongoing energy crisis and infrastruc­ture constraint­s on both rail and port, the writers say.
Picture: Supplied Investors want clear commitment­s from the government on regulatory reform and how it intends to tackle the ongoing energy crisis and infrastruc­ture constraint­s on both rail and port, the writers say.
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