Latest news with #Mantashe
IOL News
2 days ago
- Business
- IOL News
Mantashe faces criticism over changes to mining law draft
Activists and experts have accused Minister of Mineral Resources and Energy Gwede Mantashe of bowing to pressure from powerful mining companies. South Africa's Minister of Mineral Resources and Energy, Gwede Mantashe, is facing strong backlash over his recent changes to the draft Mineral Resources Development Bill. Critics say the revisions favour big mining interests at the expense of communities, the environment and the national push for economic transformation. Two key changes in the updated draft have sparked outrage. The first is the removal of the requirement for Black Economic Empowerment (BEE) participation in applications for prospecting rights. The second is the scrapping of a clause that required ministerial approval when control of a listed company holding mining rights changes. Activists and experts have accused Mantashe of bowing to pressure from powerful mining companies. David van Wyk, a respected researcher in the field, questioned the minister's intentions. 'Prospecting is where it all begins,' Van Wyk said. 'Companies make millions by selling these rights after identifying valuable mineral deposits. Without BEE, transformation becomes just a word. And when companies change hands without any oversight, it makes it easy for them to dodge their environmental and social responsibilities.' Van Wyk also warned about the consequences of poor regulation in the sector. 'We already have more than six thousand abandoned mines in this country. These are environmental disasters, and the communities around them suffer the most. If the minister is not informed when ownership changes, there is no one to hold accountable when something goes wrong.' Christopher Rutledge, director of the organisation Mining Affected Communities in Action, said the changes show how the government has shifted its loyalty from people to business. 'The Bill's amendments are not about fixing technical errors. They are a political decision that turns away from the goals of transformation and accountability,' he said. Rutledge believes the removal of BEE requirements in prospecting is a deliberate decision to maintain control of the industry in the hands of the same elite. 'This ensures the same old faces keep control of the mineral wealth. It opens the door to secret deals, takeovers and asset sales, with no regard for the people on the ground or the environment.' He added that the state needs to play a far stronger role. 'Public ownership of minerals and the mining process is the way forward. The revenue should support a sovereign wealth fund that benefits all South Africans, not just a few. Right now, the state-owned mining company barely has a footprint in the sector, and no one knows how much has gone into the sovereign fund.' Trade union federation Cosatu has also raised concerns. Spokesperson Mathews Parks said the federation would engage with Mantashe to get clarity on the goals of the changes. 'Legislation must be aligned with economic transformation. We cannot afford to backtrack now.' Meanwhile, the Minerals Council South Africa has welcomed some parts of the draft but says more work is needed to support investment. Public comments on the Bill will close in August, but for now, the debate continues over whether the government is acting in the national interest or putting profits first.
The Citizen
2 days ago
- Business
- The Citizen
Concerns over Mantashe's changes to draft mineral resources bill
Mantashe's changes to mining legislation have provoked backlash for favouring the industry over public interest. Minerals and Petroleum Resources Minister Gwede Mantashe was lashed for omitting a requirement for Black Economic Empowerment (B-BBEE) participation in applications for prospecting rights. Mantashe recently gazetted two corrections to the Draft Mineral Resources Development Bill and also nullified a provision for ministerial approval for change of control in listed companies that own mining rights. Mining expert David van Wyk asked why the minister backed down. Environmental concerns 'The prospecting companies make huge profits after prospecting reports are out. They sell the prospecting reports to the highest bidder. 'We have a serious problem with the change of control in listed companies. It is what ultimately allows mining companies to walk away from their environmental responsibilities and their responsibility to close and rehabilitate mines,' said Van Wyk. 'This is why we have more than 6 000 abandoned mines. When control of companies changes and the minister, as the custodian of the minerals which, according to the Act, belongs to the public, is not informed of these changes, he is unable to assign responsibility to the owners as he will not know who they are.' ALSO READ: 'Is it greed or jealousy?': Ramaphosa fires back at critics of BEE, Transformation Fund Call for state-led mining and revenue transparency The solution to the problems of environmental and social responsibility, as well as mine closure and rehabilitation, was to establish public ownership not just of the minerals in the ground, but also of the mining process and the extracted minerals, with the state as the custodian and the revenue accruing in a sovereign fund, Van Wyk said. South Africa does have a stateowned mining company and a sovereign fund, but the share of that company in the overall mining sector is minimal. There was no account of how much money has accrued in the sovereign fund since its inception, Van Wyk said. Christopher Rutledge, director at the Mining Affected Communities in Action, said the organisation was concerned. 'Pressure of elite interests' 'Following a mere signal of dissatisfaction from the mining sector, Mantashe swiftly amended the draft of the Bill, specifically the removal of the requirement for B-BBEE participation in prospecting rights and the omission of provisions for ministerial oversight of changes in control of listed companies holding rights. 'As we have previously warned, the main purpose of the Amendment Bill represents a further retreat from the constitutional mandate of transformation, accountability and justice for mining-affected communities. 'Rather than correcting the draft Bill, the minister has capitulated even further to the pressure of elite interests, in particular the Minerals Council South Africa, confirming the extent to which the state has aligned itself with industry over people.' Rutledge said the removal of BEE from the prospecting regime was not a technical correction, but a political decision to sell-out transformation. ALSO READ: Starlink proposal: Mashatile says Cabinet holds final say on policy changes Prospecting was the gateway to mining and excluding it from transformation requirements ensures the ownership and control of mineral resources remains concentrated in the hands of historical beneficiaries of apartheid-era privilege, he said. 'This opens the door to unchecked mergers, takeovers and asset stripping with no regard for affected communities, workers, or environmental responsibilities. We reject the illusion that deregulation is a form of reform,' Rutledge said. Industry engagements Union federation Cosatu spokesperson Mathews Parks said it was critical that legislation is in sync with B-BBEE to avoid contradictions. 'Cosatu will engage with the minister to get a better understanding of the objectives of the amendments.' Minerals Council South Africa Allan Seccombe said the organisation would continue to review the Bill and submit its perspectives by 13 August. 'The Bill in its current form does not encourage or sustain the growth and investment that the mining industry needs.' NOW READ: Cosatu says debate on B-BBEE is needed for beneciaries' benefit
The Citizen
2 days ago
- Business
- The Citizen
Is the ANC quietly rewriting empowerment
Gwede Mantashe's removal of B-BBEE rules for prospecting rights has ignited criticism from labour and activists, raising fears of a shift in policy. Is the ANC-led government of national unity (GNU) about to sell out on the principle of broad-based black economic empowerment (B-BBEE), the policy which has formed the bedrock of ANC policy and which has been in the crosshairs of its critics recently? That's the question which arises from the decision of Minerals and Petroleum Resources Minister Gwede Mantashe to remove the requirement for B-BBEE participation in prospecting rights. According to some NGOs involved in the mining sector, Mantashe caved in to pressure from the mining lobby, not only on the prospecting licence rules, but also on the requirement that the minister must approve any change in control of listed companies that own mining rights. The latter means that the government would be unable to track owners and assign responsibility to them for cleaning up mining sites once an ore body has reached the end of its profitable life. That, say Mantashe's accusers, means potential environmental damage on a huge scale. ALSO READ: 'Is it greed or jealousy?': Ramaphosa fires back at critics of BEE, Transformation Fund But it is the amendment to empowerment rules which has angered groups like organised labour, because there seems to be no logical reason for the deviation. The latest development comes after Communications and Digital Technologies Minister Solly Malatsi was pilloried for allegedly trying to soften empowerment law to allow Elon Musk's Starlink to operate in South Africa. That this was an incorrect reading of both the law and what Malatsi said made no difference to his enemies, who claimed the DA minister was 'selling out' B-BBEE. There is also some concern about whether the ANC is feeling the pressure of people like the right-wing lobby and its powerful friend, US President Donald Trump, who view empowerment laws as apartheid in reverse. It seems unlikely the ANC would roll back these laws because it would be punished at the ballot box. Which leaves another question: What is Mantashe up to? NOW READ: Cosatu says debate on B-BBEE is needed for beneciaries' benefit
Daily Maverick
11-06-2025
- Business
- Daily Maverick
Mantashe pulls back on BEE proposals for mining exploration
Exploration is an extremely risky business, and BEE ownership rules on the activity would be a major obstacle to the deployment of capital on this front. Mineral and Petroleum Resources Minister Gwede Mantashe has changed clauses in the draft Mineral Resources Development Bill (MRDP) that would have imposed BEE requirements on previously exempt exploration companies and projects in the mining space. The BEE requirements on the high-risk exploration arm of the mining sector provoked backlash from the mining industry, and Mantashe made comments last month that suggested he was not aware that the draft Bill contained such provisions — but if it did, he would correct them. 'Now, and in the future, there's no provision for BEE on exploration,' Mantashe said in late May during a media briefing at the conclusion of the AGM for the Minerals Council SA. Earlier this week, Mantashe issued an erratum notice to correct the draft and remove the BEE requirements for exploration and prospecting. 'The granting of such rights will further the objects referred to in section 2(d) and comply with the broad-based socio-economic empowerment prescribed elements,' was in the original wording regarding prospecting, but that has now been removed. South Africa's share of global exploration spend has collapsed from around 5% two decades ago to less than 1% in the face of a range of challenges, including massive applications backlogs that the Department of Mineral and Petroleum Resources hopes to address soon with a new mining cadastre. Exploration is an extremely risky business, and BEE ownership rules on the activity would be a major obstacle to the deployment of capital on this front. 'The Minerals Council South Africa notes the gazetting of … corrections to the Draft Mineral Resources Development Bill,' said the council, the main mining industry body, in a terse statement. 'The Minerals Council continues to review the Bill amending the Mineral and Petroleum Resources Development Act and we will submit our perspectives within the scheduled timeline of 13 August 2025.' Overall, the industry is not happy with the Bill, which once again moves the goalposts at a time when investors are crying for certainty in a sector that remains crucial for South Africa's low-growth and high-unemployment economy. One bone of contention is embedding the Mining Charter into the legal framework, which could again unleash the 'once empowered, always empowered' debate, which the industry has already won in court. 'Once empowered, always empowered' means that once a company meets a threshold for black ownership, it does not have to keep topping up endlessly if black shareholders sell their stakes. 'The Bill in its current form does not encourage or sustain the growth and investment that the mining industry needs to realise its full potential to create employment, stimulate the economy and fulfil its social mandate,' said the Minerals Council. DM
The Star
11-06-2025
- Politics
- The Star
Zondo calls for criminal investigation into Mantashe as he disputes State Capture Report
Tensions have escalated between Former Chief Justice Raymond Zondo and ANC heavyweight Gwede Mantashe over the findings of the State Capture Inquiry, with Zondo defending his call for a criminal investigation into Mantashe, while the minister disputes the report's conclusions. In March 2022, the Zondo Commission released its third report, which implicated Mantashe in alleged corrupt dealings with the controversial state contractor Bosasa. The report stated that Bosasa installed security upgrades at Mantashe's properties while he served as ANC secretary-general. Zondo concluded that there was a "reasonable prospect" of uncovering a prima facie case against Mantashe for corruption and referred the matter for further investigation. Mantashe has consistently denied any wrongdoing, asserting that he did not solicit or accept bribes. He has also indicated his intention to challenge the findings through a judicial review. In response to Zondo's referral, Mantashe criticised the Chief Justice, stating that Zondo "thinks he owns and manages the state capture report." He further remarked that Zondo should allow the relevant authorities to handle the matter instead of making it about himself. Chief Justice Zondo has defended his actions, emphasising that the referral was based on the evidence presented during the commission's proceedings. He maintains that the referral was made under the commission's mandate to investigate and report on instances of state capture. Zondo has reiterated that the findings were not personal but were grounded in the commission's objective analysis. The National Prosecuting Authority (NPA) has stated that it will review the findings of the State Capture Inquiry and determine whether criminal investigations are warranted. NPA spokesperson Mthunzi Mhanga noted that the commission did not conduct criminal investigations and that the NPA would assess the information provided to decide on the appropriate course of action.
