Expert: Mining needs real BEE

2012-11-14 14:33

Pretoria - Transformation of the mining sector as defined by the mining charter is not confined to ownership of the mines, an expert said on Wednesday.

Ideal black economic empowerment would include employee share ownership, community development agreements and radical changes to company law, said Peter Leon, a partner at legal firm Webber Wentzel in Johannesburg.

"People often lose sight of this; the mining charter isn't only concerned about ownership," he told the annual 2012 Transformation Indaba in Pretoria.

"It is also concerned about procurement, enterprise and skills development, beneficiation, housing and living conditions, and human resource management."

Leon said there was an overemphasis on ownership, to the detriment of other aspects of the mining charter.

Many mining companies benefited the same connected individuals at the expense of mineworkers and people living around the mines.

Leon said 2012 had been a year of momentous change for South Africa's mining sector, in light of the tragedy which took place at Lonmin mine's platinum operation in Marikana, North West.

Another panellist at the indaba, Peter Temane, chairperson of the SA Mining Development Association, said the government did not have the capacity to enforce its BEE policies.

"The objectives of the BEE legislation are noble. Our government does not have the capacity to enforce these laws, whether it is deliberate or by default."


  • isaac.tapfumaneyi.5 - 2012-11-14 15:03

    it took black south africans centuries to end apatheid so dont expect them to rise and claim whats theirs.they think they will die without white pple

      sandile.ndlovu.9843 - 2012-11-14 19:55

      Malema was right we must natialise all mines after Zuma is gone may god help us Mr Montlante be elected new Anc president I am so sick and tired of Zuma and a Gwede .\Mantashe as Anc leaders to hell with both of them they have destroyed the Anc and our country

      pieter.calitz - 2012-11-15 00:07

      So it took centuries to end apartheid (which actually was active for 46 years and ended in 1994). If you are lying like that, how can we believe the rest?

      brionyl.french - 2012-11-15 05:28

      Sandile Nationalisng the mines will kill the industry because its not even South African Companies mining.... In the end go speak to AMerica they the ones that feed you with their AID all the time...

      claudia.meads - 2012-11-15 12:58

      sandile.ndlovu.9843, How can you nationalize something you did not discover, did not invent the technology to extract, or have the means to add value (without external expertise)..? It is like the dog that chases the car, barking loudly while the car is riding past, but when the car stops, the dog does not know what to do. Like a two-year-old child that insists it wants to fly a fully laden Airbus A380... Affirmative Action [AA]/BEE without competence/merit - iow the black person that marches in and expels the white person from a job/job-opportunity by force (who is then left without any other alternative - ie banished to an economic concentration camp), MUST have exactly the same competence as the white person, else it is NOT AA/BEE - it is then PROSECUTION WITHOUT TRIAL. Such a "PROSECUTION WITHOUT TRIAL" is the highest order of human rights abuse on earth. It is strongly prohibited by the United National Universal Declaration of Human Rights that gives every single individual on earth an unconditional right (irrespective of his/her history) to a totally fair trial in a court of law, for each individual case, before ANY of his/her rights can be inhibited in ANY manner whatsoever. The leading article is either a shockingly poor piece of journalism (as one would expect from SAPA these days), or I am stupefied that someone like Peter Leon (from Webber Wentzel of all) would be so naive as to make such a legally obtuse statement...

      mduduzi.nkosi.733 - 2013-02-06 09:37

      Who says apartheid is gone,how can one discover somethin illegaly on the land he don own,if i may to giv advise globalising the world and its wealth was based on greed and exploitation.who invented colonialism,industrialisation,those who changed the world for worse lead to world wars,economic depression,deprivisation,starvation,unemploment

  • Brandon Ashley Bosman - 2012-11-14 18:19

    this country dont belong to the black people so they can't claim anything the best thing is if u want BEE to work in this country find real black people that know the job there are alot not just anyone

  • brionyl.french - 2012-11-15 05:26

    Find a bunch of "blacks" that can get A+ for maths and science and maybe it can happen. Engineers, Project managers but in the end its boils down to EDUCATION!!! and ZUMA needs his people DUMB to continue to VOTE RETARD

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