ANC says legislation trumps courts

The ANC's economic transformation commission head, Enoch Godongwana. Picture: Dumisani Sibeko

The ANC's economic transformation commission head, Enoch Godongwana. Picture: Dumisani Sibeko

Published Mar 10, 2017

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Johannesburg - South Africa’s ruling party said mining

companies should seek agreement with government over ownership rules rather than

challenging them in court because even if they win a legal battle, legislation

can still be changed to further the aim of spreading wealth to the nation’s

black majority.

The Chamber of Mines of South Africa, which represents

companies including Anglo American and Glencore, has asked the High Court to

back its view that a set of regulations known as the Mining Charter stipulates

that companies should be credited with disposing of a minimum of 26 percent of

their assets to black investors even if those stakes are later sold.

“Lets assume that the court rules in your favor. The

regulators can undercut that by making new legislation that undermines whatever

court judgment you have had,”  Enoch Godongwana, the African National

Congress’s 59-year-old economic policy head, said Wednesday in an

interview at his party’s headquarters in Johannesburg. “We had discussions with

both the Department of Mineral Resources and Chamber on this matter and said

the best way for them is to craft a solution that works, that realizes the

complexity of this matter.”

South Africa’s push for increased black ownership of the

mining industry, which accounts for almost half of its exports, is part of an

effort to address the legacy of apartheid that locked the black majority out of

key industries. The nation has the world’s biggest deposits of platinum,

chrome and manganese and produces minerals and metals ranging from gold and

iron ore to coal.

Black investors

The companies argue that forcing them to replace black

investors when they sell their stock will leave other shareholders with diluted

holdings.

Stopping black investors from selling their stakes would

also be counterproductive, Godongwana said.

“If you are saying the black investor cannot sell, you

are saying he cannot realize his value. What kind of investor is that?” he

said. “When the black investor sells, what are the empowerment implications for

the existing company. It’s a complicated thing and complicated across the

economy. In the construction of the Charter no one anticipated that.”

Read also:  DA not happy with new mining DG

The original charter agreed to by the government and the

mining industry took effect in 2004, and the Department of Mineral Resources

updated it in 2010 to make the 26 percent minimum requirement permanent.

Godongwana said he didn’t see the point of raising the

minimum black ownership level because funding the existing requirement is

already difficult.

“The debate was that even the existing Charter targets

have not been achieved, so what is the point of pushing them too far, or even

if you push them too far, you don’t have the money to fund the existing

target,” Godongwana said. “The issue we need to be talking about is how South

Africa is going to fund” empowerment, he said.

BLOOMBERG

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