South Africa’s mining industry is in for a tough time if the new proposed Mining Charter (Mining Charter III) is any indication of the direction of mining policy, the Institute of Race Relations (IRR) said on Tuesday.

“Despite some improvements over the version produced to widespread dismay in 2017, [Mining Charter III] does not provide a framework for a competitive and sustainable industry,” the IRR said in a statement.

“The framework the draft charter creates will inevitably hold the mining industry back. The upshot will be a missed opportunity, as South Africa sits atop a multi-trillion rand mineral endowment, but is unable fully to utilise it owing to poorly conceived policy.”

The IRR said the country’s mining industry has a crucial role to play in leading economic growth. For the industry to play such a role, an environment is needed which makes investment attractive.

“The draft charter does little to create this environment,” said the IRR.

Minister of Mineral Resources Gwede Mantashe gazetted the draft Mining Charter on Friday

Members of the public have 30 days from the date of publication to submit comments.

On Sunday Mantashe said an upcoming mining summit in early July would help “sharpen” the charter, but likely not result in massive changes.

Free carry concerns

Of concern to the institute is the charter’s proposed requirement that companies seeking new mining rights must cede 5% “free carry” to their employees and to communities.

Citing mining expert Peter Leon, the IRR said such a requirement would likely render marginal mining projects uneconomic for shareholders.

The draft Mining Charter III also proposes that, if the holder of a new mining right fails to pay dividends for five years, it must thereafter provide “trickle down” dividends to employees and communities. This must be calculated as 1% of EBITDA, or earnings before interest, tax, depreciation and amortisation.

The IRR cautioned that this proposed requirement will also likely add to the cost of conducting business. It added that paying such dividends to certain shareholders and not to others may contravene the Companies Act.

The IRR also pointed to what it termed “weighty demands” Mining Charter III would impose on mining companies to procure locally.

According to the charter, about 70% of capital and other mining goods must be purchased from South African manufacturers, while 80% of the services mines require must be supplied by local companies.






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