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SA Cabinet approves Mining Charter III

By September 22, 2018September 26th, 2019No Comments

The overdue Mining Charter III has been approved by the South African Cabinet, under the leadership of President Cyril Ramaphosa.  In addition, Cabinet has also approved the withdrawal of the MPRDA Amendment Bill.

NPI Governance Consulting CEO, Israel Noko, has said that “Under the current technical recession, creating a balance in meeting the commercial needs of the private sector and addressing socio-economic challenges of South Africa was going to be an uphill battle.”  The mining industry will still need to be finalised and gazetted to fully understand the amendments made.  However, as part of SA’s Government strategy to stimulate the economy (and probably to appease the global ratings agencies), Noko adds that “It is clear that Mining Charter III is being gazette in a way that it promotes foreign direct investment into the country”.

Many foreign investors have been closely watching the economic developments since President Ramaphosa has taken over from the previous regime.  A notable fact is that it appears that the trickle dividend of a minimum of 1% of EBITDA to community and employee shareholders has been scrapped. However, the 30% Black ownership requirements have remained, mining right holders who secured mining rights prior to the new Charter being gazette will not have to immediately comply with the new ownership percentages. 2017’s Mining Charter gazetted under the leadership of the former President Jacob Zuma, saw the introduction of a free carried interest.  It is likely that this provision will be conceded in the final Charter.


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