NATIONAL COUNCIL OF PROVICES
FOR WRITTEN REPLY
QUESTION NUMBER 132
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 march 2010
(INTERNAL QUESTION PAPER NUMBER 07)
132. Ms S S Chen (DA-Gauteng) to ask the Minister of Mineral Resources:
What are the details of the (a) conditions attached to the conversion
from the old to the new order mining rights of a certain company (name
furnished) and (b) Social Labour Plan attached to the new order mining
rights granted to the said company? CW159E
Reply 132(a)
The details of the conditions for any conversion from an old order
mining right to a new order mining right for any Company is set out in
Item 7 of Schedule II (Transitional Arrangements) of the Mineral and
Petroleum Resources Development Act, 2002 (Act No.28 of 2002)
(âMPRDAâ).
In terms of the abovementioned Item 7 of the MPRDA, the holder of an
old order mining right had to lodge the right for conversion thereof
within a period of five (5) years from the date on which the MPRDA
took effect, ie prior to 1 May 2009, at the office of the Regional
Manager in whose region the land is situated.
The holder was required to submit numerous documents which were-
a) the particulars of the applicant;
b) a sketch plan or diagram depicting the area for which the
conversion is required and which may not be larger than the area of
the old order mining right;
c) the name of the mineral or group of minerals which were the same as
that mentioned in the old order mining right;
d) a affidavit verifying that the holder is conducting mining
operations on the particular area to which the conversion relates
as well as the periods that mining was conducted on the relevant
area;
e) a statement setting out the period for which the mining right is
required substantiated by a mining work programme;
f) a prescribed social and labour plan;
g) information as to whether or not the old order mining right is
encumbered by any mortgage bond or other right registered in the
Deeds Office or Mining Titles Office;
h) a statement setting out the terms and conditions which apply to the
old order mining right;
i) the original title deed in respect of the land to which the old
order mining right relates, or a certified copy thereof;
j) the original old order mining right and the approved environmental
management programme or certified copies thereof; and
k) an undertaking that, and the manner in which, the holder will give
effect to the object referred to in section 2(d) and (f) (that is,
substantially and meaningfully expand opportunities for
historically disadvantaged persons, including women, to enter the
mineral and petroleum industries and to benefit from the
exploitation of the nations mineral and petroleum resources; and
promote employment and advance the social and economic welfare of
all South Africanâs)
In terms of Item 7(3) of the Act, the Minister must convert the old
order mining right into a new order mining right if the holder of the
old order mining right has;
a) complied with the requirements mentioned above;
b) conducted mining operations in respect of the right in
question;
c) indicated that mining operations will continue upon
conversion of the old order mining right;
d) an approved environmental management programme; and
e) paid the prescribed conversion fee.
Alexkor Beperk, as a legal entity and holder of numerous mining
rights, had to meet all the abovementioned requirements for
conversion of any of its old order mining rights into new order
mining rights.
Reply 132(b)
In terms of Regulation 46 to the MPRDA, the social and labour plan of
Alexkor Beperk is as follows:
Total Workforce is 548. Recruitment is pending and a breakdown of
employeeâs gender is not stated as yet.
HUMAN RESOURCE DEVELOPMENT
Alexkor did provide confirmation of:
registration with the MQA and did appoint a Skills Development
Facilitator. Education levels of all 548 employees will be determined
and education provided once the recruitment process is finalised;
a skills audit and a plan for ABET;
work skills programmes with timeframes and targets;
a plan to address hard to fill vacancies and career path progression
with timeframes and targets;
a plan to mentor all employees, a plan to provide an internship
programme and a bursary scheme for 2 bursars per annum; and
a plan to achieve 40% HDSA management by 2009 and 10% women in mining
by 2010.
LOCAL ECONOMIC DEVELOPMENT (LED)
The following LED projects from the Richtersveld Local Municipality
has been identified;
Alexander Bay sanitation and wastewater upgrade to the amount of
R37,19m;
Alexander Bay road upgrade to the amount of R12,3m;
Alexander Bay storm water upgrade to the amount of R10,54m;
Alexander Bay electricity upgrade to the amount of R16,98m;
Alexander Bay solid waste management to the amount of R2,9m;
Richtersveld road resurfacing to the amount of R3,9m;
Alexander Bay water and reticulation to the amount of R19,33m;
Tannery and leather enterprise to the amount of R600 000,00;
Fuel station to the amount of R600,000,00;
Agriculture and agro-process cooperatives to the amount of R2 520
000,00;
Community Development on alchahol, drugs and HIV/Aids to the amount of
R865 000,00; and
Emergency services to the amount of R365 000,00.
The Company will convert hostels into family units.
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