Miners frozen out

Xinhua/Cao Yang

Xinhua/Cao Yang

Published May 31, 2017

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Johannesburg - Mining companies in South Africa have been

frozen out of consultation over regulatory changes that could dilute

shareholders, raise costs and impose new levies to fund community development.

South Africa’s Cabinet last week approved a new draft of

the country’s Mining Charter and Mining Minister Mosebenzi Zwane has promised

it will be gazetted within weeks. Yet, while labour leaders have been consulted

on the long-delayed new rules, the Chamber of Mines, which represents

producers, says it “does not have any insight” into the latest version and

hasn’t met government officials on the subject since March.

The looming dispute threatens to prolong uncertainty and

further slow spending in South Africa’s biggest export industry. Fixed

investment in mining dropped in each of the past two years and companies

including Sibanye Gold have warned that any new investment will be a tough sell

in the current environment.

“The government and the Chamber of Mines haven’t really

sat down on this issue, and much of the public discourse has been posturing by

both sides,” said John Meyer, a London-based analyst at SP Angel Corporate

Finance. The industry may head to court if government imposes harmful changes,

the Chamber said this month.

South Africa holds the biggest reserves of platinum,

chrome and manganese. In 2010, Citigroup valued the mineral wealth at $2.5

trillion, the most of any nation. Mining companies including Anglo American,

Glencore and AngloGold Ashanti operate in the nation.

Read also:  Zwane wants 30% black ownership

The industry will be particularly concerned about changes

to black ownership requirements. Zwane shocked the sector last year with a

draft charter that would require much of the industry to sell additional shares

to maintain ownership levels after earlier investors sold their stakes.

He has now also proposed raising the minimum to 30

percent from 26 percent, two people familiar with the situation last week. It’s

unclear whether the cabinet approved Zwane’s proposal, or if the new draft

includes the provision allowing miners to claim credits for past deals where

they have sold stakes or assets to black investors, even if the ownership has

since changed.

Ayanda Shezi, a spokeswoman for DMR, didn’t immediately

reply to an email request for comment.

 “We’re not shy if

we need to engage government in court processes,” Roger Baxter, the Chamber’s

chief executive officer, told reporters May 24. “Government has the same route

if they want to follow it.”

South Africa’s push for increased black ownership of the

mining industry is part of an effort to address the legacy of apartheid that

locked the black majority out of key sectors. Yet critics say many deals have

benefited the politically-connected elite and deter foreign investors in the

country.

While the industry remains in the dark, the National

Union of Mineworkers, the largest labor group in the sector, has had “in-depth

stakeholder engagement” with Zwane’s department, according to Luthando Brukwe,

the union’s head of transformation.

The NUM has asked government to require at least 10

percent of mining companies to be owned by employees, he said in an interview.

It should also be mandatory for producers to take steps to help employees own

their homes, he said.

The union is opposed to the idea that mining companies

get credit for sales to black investors who later dispose of the assets.

Us vs them

Zwane, who was appointed minister in 2015, has clashed

repeatedly with the industry over issues that also included enforced safety

stoppages. The revised mine-ownership rules will be published whether the

industry agrees with them or not, he told reporters in February.

“The style of engagement is totally us-versus-them,”

Peter Major, head of mining at Cadiz Corporate Solutions, said by phone.

“When I talk to anyone involved in mining they say it has never been more

polarised.”

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