The Citizen (KZN)

Let’s kick-start investment

SA one of the 10 least attractive options – but don’t you believe it. MINING: 20 THINGS GOVERNMENT NEEDS TO START DOING

- JONATHAN VEERAN Veeran is a partner at Webber Wentzel.

Delegates at the upcoming Mining Indaba expect to hear President Cyril Ramaphosa and Minister of Mineral Resources and Energy Gwede Mantashe explain how they intend to take concrete action on a number of pressing issues that are frustratin­g mining companies.

This follows South Africa’s relegation in the latest annual Fraser Institute Survey of Mining Companies to one of the 10 least attractive mining investment destinatio­ns, out of 84 surveyed. South Africa is at risk of again missing out on the current commoditie­s upcycle.

Several of the following issues have been raised over several years, but there has been no visible progress. Government needs to:

1. Review the Mineral and Petroleum Resources Developmen­t Act and Mining Charter to bring local ownership requiremen­ts in line with internatio­nal best practice and ensure that ownership becomes truly broadbased rather than benefittin­g a select few.

2. Establish a forum for business, government, communitie­s and labour to address environmen­tal, social and governance (ESG) issues in a coordinate­d way, rather than having a separate approach to each element.

3. Do away with cumbersome administra­tive processes that dissuade investors from investing in South Africa and ensure policy consistenc­y.

4. Develop a regulatory system that encourages and incentivis­es investment in prospectin­g activities and is efficient.

5. Apply regulatory consistenc­y in the investigat­ion of mine accidents and the manner in which inquiries are held.

6. Lighten the onerous regulatory and reporting burden on mining companies where these laws overlap with corporates’ ESG actions.

7. Implement a functionin­g cadastral system to administer the granting of rights and permits.

8. Allow rehabilita­tion guarantees to be used for ongoing rehabilita­tion and post-mine planning, rather than insisting that the funds sit idle until mine closure.

9. Smooth the path for mines wishing to procure clean power from independen­t power producers.

10. Update the Integrated Resource Plan, which only takes South Africa’s power planning to 2030.

11. Increase investment in the electricit­y transmissi­on network to overcome capacity restraints.

12. Resolve the problems besetting Transnet’s rail network, which are costing both the private sector and the fiscus billions of rands in lost opportunit­y and revenue.

13. Review the process of granting concession­s to the private sector to run portions of the rail network. These concession­s should be for 15 years or longer to attract private sector investors.

14. Improve the incentives in the Carbon Tax Act for mining companies to invest in carbon offset projects.

15. Address the inefficien­cies in delivering fuel levy refunds to qualifying users of distillate fuel (diesel). The Customs and Excise Act, which governs these refunds, lacks the same mechanisms as the Tax Administra­tion Act to speed up the processing and payment of refunds.

16. Satisfy the long-running plea from the industry for flowthroug­h shares (where some of the capital investment incentives are passed onto shareholde­rs) to help fund mining exploratio­n and developmen­t.

17. Improve service delivery to mining communitie­s to reduce the pressure and/or dependency laid on mining companies to provide basic services. Strengthen and capacitate local Saps to enable swift and effective responses to illegal mining and violent protests.

18. Establish a community engagement forum which includes local communitie­s, mining companies and government representa­tion to mitigate the risk of unlawful protests following a breakdown of communicat­ions between the parties.

19. Establish an administra­tive dispute resolution mechanism to deal with disputes between mining companies and local communitie­s to avoid unlawful protests, the undue halting of mining operations and alleviate the burden on courts tasked with adjudicati­ng such disputes.

20. Conduct community awareness programmes to educate mining communitie­s on the exact obligation­s owed to them by mining companies and obligation­s owed to them by government, to mitigate the risk of unlawful protests, based on socioecono­mic needs, against mining companies.

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