Question NW17 to the Minister of Mineral Resources and Energy

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24 February 2023 - NW17

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Mineral Resources and Energy

(1)With regard to the takeover of the management contract from Kernel Resources Proprietary Limited, owned by Mr Christopher Kimber and Mrs Nathiera Kimber, related to West Coast Resources (WCR) that is in business rescue at Koingnaas, wherein Government also apparently holds a 20% stake, how did a certain person (name furnished) obtain the mine management contract with no track record; (2) whether he has found that the correct tender process was followed with the sale of the management contract, as prescribed by the Public Finance and Management Act, Act 1 of 1999; if not, what is the position in this regard; if so, what are the relevant details; (3) whether he has found that it is procedure to put such an opportunity up for tender when the Government is involved; if not, what is the position in this regard; if so, on what date was this advertised and/or put on tender; (4) (a) which other companies submitted bids for the tender of the mine management contract and (b) what are the reasons that the specified companies were unsuccessful?

Reply:

1. The process of appointment of contractors is handled by the Business rescue Practitioners in terms of the Companies Act, 2008 and not the Department.

2. The process is outside the Department’s scope of mandate, and it is handled by the Business rescue practitioners.

3. The government is not involved in this process its privately conducted by the Business Rescue practitioners.

4(a) The Department is not involved in the bids for tenders as this is outside the Department’s scope of mandate.

(b) See (a) above.

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