Questions and Replies

25 March 2015 - Questions asked to Minister of Mining

11 December 2014 - NW2460

Wilson, Ms ER to ask the Minister of Mineral Resources:

How many work days has his department lost to (a) sick leave and (b) strike action in the (i) 2011-12, (ii) 2012-13 and (iii) 2013-14 financial years?

Source
Link

Reply:

(a) The Department captured (lost) the following number of sick leave days in the years as indicated below:

(i) 15 767 in 2011/2012 financial year.

(ii) 15 646 in 2012/2013 financial year.

(iii) 21 214 in 2013/2014 financial year.

(b) The Department was not affected by any strike action during the periods indicated above.

Adv N.A Ramatlhodi
Minister of Mineral Resources
Date Submitted:· .. ........ .. .. ./. ................ ./2014

02 December 2014 - NW2741

Mackay, Mr G to ask the Minister of Mineral Resources

Did (a) his department and/or (b) any entities reporting to it owe money to any Gauteng municipalities at the end of the 2013-14 financial year; if so, in respect of each specified municipality (i) what is the name of the municipality, (ii) what was the total amount owed, (iii) what was the nature of the debt, (iv) for how long has the debt been outstanding and (v) what plans are in place to recover the debt owed to the municipality by (aa) his department and/or (bb} any entities reporting to it?

Source
Link

Reply:

	(i)	(ii)	(iii)	(iv)	(v)
a)Dept.	No	Falls away
b)Entities	Council for Geoscience (CGS) No.	Falls away
	MINTEK Yes.	City of Johannesburg -	R2 181 508.72	Rates & Taxes and electricity consumption	Less than 30 days.	The outstanding amount has already been paid
	State Diamond Trade (SDT), No	Falls Away
	South African Diamonds and Precious Metals Regulator (SADPMR), No.	Falls Away
	Mine Health and Safety Council {MHSC), No.	Falls Away

Adv. NA Ramatlhodi
Minister of Mineral Resources
Date Submitted:-........./........./2014

06 March 2014 - Questions asked to Minister of Mining

19 March 2013 - Questions asked to Minister of Mining

31 December 2012 - Questions asked to Minister of Mining

30 September 2012 - Questions asked to Minister of Mining

10 November 2011 - Questions asked to Minister of Mineral Resources

10 March 2011 - Questions asked to Minister of Mineral Resources

31 December 2010 - Questions: Minister of Mineral Resources

MPs to ask the Minister of Mineral Resources

Source
Link

Reply:

QUESTION NUMBER 277

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 AUGUST 2010

(INTERNAL QUESTION PAPER NUMBER 21)

277. Mr T D Harris (DA-WC) to ask the Minister of Mineral Resources:

(1) Whether the Government has calculated the cost of mining policy uncertainty on the slow growth of the mining industry in South Africa in comparison with the mining industry of the developing nations; if not, why not; if so, what is the cost;

(2) Whether the proposals that the mines should be nationalised will have a material effect on the growth in the industry; if not, what is the position in this regard; if so, what are the relevant details? CW356E

REPLY

(1) No while other regulatory regimes are considered and referred to during legislation drafting, the need has not arisen to conduct such a comparison study.

(2) This has not been investigated or researched since nationalisation of mines falls outside of our legislative framework.

QUESTION NO. 744 INTERNAL QUESTION PAPER NO NW871E

DATE OF PUBLICATION: 15 March 2010

Mr. G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to her media statement (copy furnished), she has met with the Minister of Mineral Resources to discuss her concerns about the awarding of an unconditional New Order Mining Right to a certain company (name furnished) near the Mapungubwe Heritage site; if not, when will they meet; if so, what are the relevant details;

(2) whether she intends establishing a formal process to engage the Minister of Mineral Resources on mining in sensitive areas; if not, why not; if so, what are the relevant details;

(3) whether her department received a letter from the Department of Mineral Resources informing them that a New Order Mining Right had been granted to a company to mine near Mapungubwe; if so, when; if not,

(4) whether this has been requested; if not, what is the position in this regard; if so, when;

(5) whether her department provided comment to the Department of Mineral Resources on this particular mining application; if not, why not; if so, what was the principal argument of her department?

QUESTION NUMBER 1676

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 May 2010

(INTERNAL QUESTION PAPER NUMBER 15)

1676. Mr E J Marais (DA) to ask the Minister of Mineral Resources:

(1) Whether there are any dormant mines with no mining activities; if not, why not; if so, (a) how many, (b) where are they situated and (c) what are the further relevant details;

(2) whether any of the dormant mines have applied for mining closure certificates; if not, why not; if so, (a) how many and (b) which mines;

(3) how many mining closure certificates have been issued (a) in the (i) 2005-06, (ii) 2006-07, (iii) 2007-08, (iv) 2008-09 and (v) 2009-10 financial years and (b) during the period 1 April 2010 up to latest specified date for which information is available? NW1938E

Reply

(1) The Department of Mineral Resources does not have a database in respect of Dormant mines, because of the previous legislation where mining companies were not required to obtain closure certificates.

(a) Unknown

(b) Unknown

(2) See (1) above

(3) The number of closure certificates issued in respect of the following periods, are as follows, namely:

(a)(i) 2005/06 financial year: - 17

(ii) 2006/07 financial year: - 15

(iii) 2007/08 financial year: - 21

(iv) 2008/09 financial year: - 21

(v) 2009/09 financial year: and - 26

(b) 01 April 2010 – 31 May 2010 - 0

QUESTION NUMBER 1804

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 4 June 2010

(INTERNAL QUESTION PAPER NUMBER 16

1804. Mr E J Marais (DA) to ask the Minister of Mineral Resources:

(1) How many water licences compared to mining licences have been issues (a) in the (i) 2005-06, (ii) 2006-07, (iii) 2007-08, (iv) 2008-09 and (v) 2009-10 financial year and (b) during the period up to the latest specified date for which information is available;

(2) Whether she will take any action against mines who have not been issued with water licences; if not, what is the position in this regard; if so, what are the relevant details?

NW2080E

Reply

(1) The Mineral and Petroleum Resources Development Act which is administered by this Department, does not provide for water licences.

(2) Not applicable. See (1) above.

QUESTION 1745

QUESTION FOR WRITTEN REPLY

1745. Mr S C Motau (DA) to ask the Minister of Energy:

What was the start and end date of tenure in office of every (a) permanent and (b) acting (i) Director-General and (ii) chief financial officer during the period 1 January 2000 to 31 December 2009? NW2011E

REPLY:

(a) The Department of Energy was established after the announcement by the President in May 2009 as a National Department. The latter was proclamated on 7 July 2009 in the Government Gazette. Ms NVB Magubane was appointed as Acting Director-General for the Department of Energy for the period 22 July 2009 to 30 November 2009. She was thereafter appointed as the Director-General with effect from 1 December 2009.

(b) The Department of Energy shared a Support Service function with the department of Mineral Resources since the announcement by the President in May 2009 until 31 March 2010. During this period the Department of Energy utilised/shared the CFO of the Department of Mineral Resources which was designated as the hosting Department. During this period there were several Acting CFOs appointed by the Department of Mineral Resources.

NCOP
FOR WRITTEN REPLY QUESTION
NUMBER 261
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010
(INTERNAL QUESTION PAPER NUMBER 19)

261 Mr. R A Lees (DA-KZN) to ask the Minister of Mineral Resources:

(1) Whether she has been informed of any transactions in which Zimbabwean diamonds were sold and/or traded through a certain (name furnished) during the period 1 January 1999; if so, what (a) are the full particulars of the person and/ or corporate entity that sold the diamonds in each case, (b) are the dates upon which each transaction took place and (e) was the value of the diamonds which were traded and/or sold in each case;

(2) whether she has been informed of any cases in which these transactions contravened with any (a) international agreements, (b) treaties and/or (e) conventions; if so, what are the relevant details in each case? CW 333E

REPLY

1. No
(a) N/A
(b) N/A

2. N/A

NCOP
FOR WRITTEN REPLY
QUESTION NUMBER 264
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010
(INTERNAL QUESTION PAPER NUMBER 19)
264. Mrs E C van Lingen (DA.EC) to ask the Minister of Mineral Resources:

(1) (a) When was a certain mining company (name furnished) established, (b) what are the names of the persons who have been appointed to act as representatives of a certain community (name furnished) on the Board of Directors of the said mining company, (c) how long is a board member's tenure on the Board and (d) when was the last annual general meeting held at which members were elected;

(2). (a) what is the (i) nature and (ii)purpose of the 5% royalties which certain mining contractors (names furnished) have been paying out since 1 September 2009 and (b) to whom are these royalties paid;

(3). whether all of these mining contractors pay the same royalties; if not, why not; if so, what are the relevant details;

(4). whether the said mining company pays royalties; if not, what is the position in this regard; if so, (a) how does the said community benefit from this and (b) what are the relevant details of financial implications regarding the payment of these royalties? CW336E

REPLY

(1) The Department of Mineral Resources does not have details when the Richtersveld Mining Company (Ply) Ltd [RMC] was established.

(2) Prior to the implementation of the Mineral and Petroleum Resources Development Act, 2002 [28 of 2002] (MPRDA), a royalty of 5% was payable to the Department in respect of diamonds. In respect of Alexkor limited, the latter had to pay such royalties in respect of sea concessions. The mineral rights in respect of diamonds on the land rights of Alexkor was then registered in the latter's name and therefore no royalties were paid in respect of such land rights.

(3) Alexkor Limited is responsible to pay 5% royalties to the Department. The contractors are paying the same royalties to Alexkor Limited.

(4) A mining right of Alexkor Limited (land right) has to be ceded to the RMC. The RMC will have to pay royalties to SARS in terms of the Mineral and Petroleum Resources Royalties Act, 2008 (Act 28 of 2008).

QUESTION NUMBER 271
DATE OF PUBUCATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010
(INTERNAL QUESTION PAPER NUMBER 19)
271 Mr. K A Sinclair (COPE - NC) to ask the Minister of Mineral Resources:

(1) Whether any study has been done to ascertain the efficiency/productivity of a certain mine's (name furnished) diamond mining operations in Alexander Bay in comparison with a private sector mine of comparable size; if not, why not; if so, (a) how many carats of diamonds were being extracted annually at the said mine and (b) how did this compare with productivity in the private sector;

(2). Whether anything needed to be done to increase the efficiency/productivity of the said mine; if so, what are the relevant details? CW343E

REPLY

(1) (a) No such study has been done by the Department of Mineral Resources, but according to the company's annual report it produced 26 059 carats in the 2009 financial year.

(b) The Department has not done such comparison.

(2) This is not a call for the Department but rather for the company to decide as this is considered to be a pure business decision that the company management would take.

QUESTION NUMBER 613

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 05 March 2010

(INTERNAL QUESTION PAPER NUMBER 03)

MR PD Dexter (COPE) to ask the Minister of Mineral Resources:

613. Mr P D Dexter (Cope) to ask the Minister of Mineral Resources:

What (a) was the total production of rough diamonds in (i) carats and (ii) rand in (aa) 2008 and (bb) 2009, (b) was the volume of trade in rough diamonds by the State Diamond Trader in (i) 2008 and (ii) 2009 and (c) is the reason for the low levels of trade in diamonds by the State Diamond Trader for the period relative to the industry volumes?

(a) What (a) was the total production of rough diamonds in (i) carats and (ii) rand in (aa) 2008 and (bb) 2009,

(aa) The total number production of rough diamonds in 2008 was

(i) 12 901 019 carats

(ii) R9 271 800 818

(bb) The production of rough diamonds in 2009 was

(i) 6 115 624 carats and

(ii) R 7 455 754 677

(b) was the volume of trade in rough diamonds by the State Diamond Trader in (i) 2008 and (ii) 2009

(i) 142, 635 carats; R117, 209 265 for 2008/2009 year

(ii) 377, 736.11 carats; R258, 058,578 for first quarter- 3rd quarter of 2009-10

(c) What is the reason for the low levels of trade in diamonds by the State Diamond Trader for the period relative to the industry volumes?

· The global economic crisis resulted in reduced demand for polished diamonds from the Stae Diamond Trader's clients;

· The State Diamond Trader finances restricted its ability to trade at higher levels post the core of recession.

· The challenges faced by the majority of the clients of the State Diamond Trader who are small businesses, these range from their financial ability to credible market access.

QUESTION NUMBER 1226

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 April 2010

(INTERNAL QUESTION PAPER NUMBER 10)

1226. Mrs J D Kilian (Cope) to ask the Minister of Mineral Resources:

Whether she will hold a certain mining company (name furnished) responsible for the financial losses incurred by businesses in Sol Plaatje Municipality that are affected by the closure of Bultfontein Road on 4 March 2008 in terms of the Disaster Management Act, Act 57 of 2002; if not, why not; if so, what are the relevant details? NW1385E

Reply

A legal opinion regarding liability as referred to in the relevant question is first to be obtained.

QUESTION NUMBER 1226

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 April 2010

(INTERNAL QUESTION PAPER NUMBER 10)

1226. Mrs J D Kilian (Cope) to ask the Minister of Mineral Resources:

REPLY

The Department of Mineral Resources was not involved in the closure of the Bultfontein Road referred to above.

QUESTION NUMBER 1238

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 April 2010

(INTERNAL QUESTION PAPER NUMBER 11)

1238 Mr P J Groenewald (FF Plus) to ask the Minister of Mineral Resources:

(1) Whether her department verified a certain mining company's (name furnished) capacity to run a mine with regard to its operations in Orkney and Grootvlei when it was awarded a licence; if not, why not; if so, (a) what criteria were applied and (b) to what extent were these criteria complied with;

(2) whether she will make a statement on the matter? NW1396E

Response

(1) According to Department of Mineral Resources records, no mining rights were issued in favour of the company referred to in this question in respect of mining operations at Orkney and Grootvlei.

QUESTION NUMBER 162

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 February 2010

(INTERNAL QUESTION PAPER NUMBER 01)

162. Mr PD Dexter of (COPE) to ask the Minister of Mineral Resources:

(a) How many (i) mining and (ii) prospecting licences have been issued during the period 1 April 2009 to 31 January 2010 and (b) what was the total number of applications for each of these licences?

Reply (a) During the period 1 April 2009 to 31 January 2010 (i) 106 applications for mining rights were accepted. Of these applications, 3 were granted, 1 was refused and 3 were withdrawn. None of the said 106 applications were issued. It should be noted that all of the 106 applications are within the current prescribed timeframe of approximately one year.

(b) During the period 1 April 2009 to 31 January 2010 (ii) 1363 applications for prospecting rights were
accepted. Of these applications, 138 were granted and 9 of such granted rights were issued.

Of the said 1363 applications, 112 were refused, whilst 60 applications were withdrawn.

QUESTION NUMBER 164

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 February 2010

(INTERNAL QUESTION PAPER NUMBER 01)

MR PD Dexter (COPE) to ask the Minister of Mineral Resources:

(a) How can the nationalisation of mines benefit the economy and (b)(i) in what way and (ii) how would Government fund the nationalisation?

Response

(a) The department has not done a cost benefit analysis on nationalisation of mines, since it is not a policy of Government

(b) (i) N/A

(ii) N/A

QUESTION NUMBER 1721

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 May 2010

(INTERNAL QUESTION PAPER NUMBER 15)

1721. Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

Whether her (a) department or (b) any of its entities has signed any contractual agreements with certain companies (names furnished) or any of their affiliates (i) in the (aa) 2008-09 and (bb) 2009-10 financial years and (ii) during the period 1 April 2010 up to the latest specified date for which information is available; if so, (aaa) what is the nature of each contract, (bbb) what is the (aaaa) start and (bbbb) end date of each contract, (ccc) what is the monetary value of each contract, (ddd) what are the details of the process that was undertaken for the signing of each contract, (eee) who else tendered for each contract that was awarded and (fff) what amount did each tenderer quote in each case? NW1987E

REPLY

(a) The Department has not signed any contractual agreement with any of the companies listed in the question.

(b) None of the entities reporting to the Minister of Mineral Resources has entered into any contractual agreement with the companies listed in question.

(i) (aa) N/A

(bb) N/A

(ii) N/A

(aaa) N/A

(bbb) N/A

(aaaa) N/A

(ccc) N/A

(ddd) N/A

(eee) N/A

(fff) N/A

QUESTION NO.:2603

DATE OF PUBLICATION: 10 September 2010

2603. Adv A de W Alberts (FF Plus) to ask the Minister of Public Enterprises:†

(a) Whether the 49% share that was awarded to the Richtersveld community in terms of a land restitution claim has been transferred to this communty; if not, why has the share not yet been transferred and (b) what steps is the Government taking in this regard in order to ensure the transfer of the 49% share in Alexkor to this community; if so, (i) when was the transfer effected and (ii) in the name of which entity has the said share been registered? NW3253E

REPLY

(a) The Richtersveld community was not awarded a 49% share in Alexkor. Alexkor is a public company with the State as sole shareholder. Alexkor holds diamond mining rights on land and in the sea. In terms of the Deed of Settlement and Court Order relating to the Richtersveld community's land claim, Alexkor's land mining rights will be transferred to the Richtersveld community's mining company. Alexkor will retain the sea rights. The agreement provides for the formation of a Pooling and Sharing Joint Venture (PSJV) between Alexkor and the Richtersveld Mining Company (RMC) on the following basis:

· Alexkor will remain the holder of its marine mining rights and RMC will remain the holder of its land mining rights;

· Alexkor and RMC will respectively put their marine mining rights and their land mining rights under the full control of a Joint Board of the PSJV for purposes of mining both the marine and land resources;

· Alexkor will have a 51% interest in the PSJV and RMC a 49% interest.

(b)(i-ii) In order for the land mining rights to be transferred to the RMC, Alexkor's prospecting and mining rights had to be converted from old order to new order rights in terms of the Minerals and Petroleum Resources Development Act, No 28 of 2002. Alexkor submitted the applications for conversion to the Department of Mineral Resources in the first quarter of 2009. The conversion of Alexkor's land mining rights to new order mining rights was executed in May 2010. The transfer of these new order land mining rights to RMC is in process. The only outstanding requirement is for RMC to pass a Board resolution accepting to receive the said mining rights and thereafter it will be sent to the Minister of Mineral Resources for consent. Alexkor anticipates the transfer to be completed during the current financial year.

QUESTION NUMBER 590

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 05 March 2010

(INTERNAL QUESTION PAPER NUMBER 04)

590. Mr G R Morgan (DA) to ask the Minister of Mineral Resources:

(1) Whether she intends enacting the Mineral and Petroleum Resources Development (MPRDA) Amendment Act, Act 49 of 2008; if not, why not; if so, when;

· Several concerns were raised by Mining sector stakeholders and Government Departments which are related to the implementation of the MPRDA Amendment Act 49 of 2008. The DMR then deemed it prudent to first consult and further endeavor to address the concens raised by stakeholders before the Amendment Act take effect.

(2) whether, considering that the process resulting in the transfer of authorisations of mines to the Minister of Water and Environmental Affairs depends upon the MPRDA being enacted, she has discussed this matter with the Minister of Water and Environmental Affairs; if not, why not; if so, what are the relevant details?

· The execution of the agreement is effective only after 18 months of the implementation of the last Bill to be signed. Therefore, the status quo (regulation of the environmental issues for mining and related activities in terms of the MPRDA) prevails until such time both NEMA and MPRD Amendment Act have been implemented and the administrative gaps brought about by this have been addressed.

· In order to ensure smooth and effective implementation of agreement officials of the DMR and DWEA jointly formed a steering committee to drive and facilitate the execution of the implementation plan of the agreement. There have been several meetings to this effect, and a dynamic implementation plan is being developed.

QUESTION NUMBER 313

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 3 SEPTEMBER 2010

(INTERNAL QUESTION PAPER NUMBER 24)

313. Mr R A Lees (DA-KZN) to ask the Minister of Mineral Resources:

(1) Whether any security measures have been put in place at disused mines to prevent illegal miners from gaining access to these mines; if not, why not; if so, (a) what measures, (b) when were these measures put in place and (c) how were illegal miners able to access a certain mine (name furnished) in Springs;

(2) whether her department will hold owners of the said mine liable for the deaths of illegal miners who were shot and killed in August 2010; if not, why not; if so, what action will be taken against the said mine owners? CW408E

REPLY

(1) (a), (b) In terms of the legal provision, it is the responsibility of the mine owners to ensure that measures are put in place to prevent access to mine. However, the SAPS are engaged where there has been illegal access as this is being regarded as a criminal act.

(2) This is a criminal matter and the SAPS are currently conducting an investigation.

QUESTION NUMBER 30

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 February 2010

(INTERNAL QUESTION PAPER NUMBER 01)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

How many conversion applications for old order mining rights in terms of the Mineral and Petroleum Resources Act, Act 28 of 2002, had been (a) received as at 30 April 2009 and (b) of these had been (i) granted, (ii) refused or (iii) referred back to the applicants as at 31 October 2009?

Reply: (a) 1102 conversion applications in respect of old order mining rights were submitted to
Regional offices as at 30 April 2009.

(b) Of the 1102 conversion applications, 885 could be adjudicated. Of the said 885 applications, 178 were converted, 36 were withdrawn and 3 could not be processed.

QUESTION NUMBER 1585

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 May 2010

(INTERNAL QUESTION PAPER NUMBER 14)

1585. Mr J Selfe (DA) to ask the Minister of Mineral Resources:

(1) Whether any exploration rights, in particular for gas, have been granted off the KwaZulu-Natal coastline; if not, why not; if so, (a) which companies have been granted rights and (b) what areas have each of these companies been given rights to;

Reply

No exploration right has been granted over the said area. The application received from Silver Wave Energy Pte Ltd is still being considered.

(2) whether these companies will be obliged to perform environmental impact studies; if not, why not; if so, what are the relevant details;

Reply

All companies applying for an exploration right or production right in respect of gas are obliged to perform environmental impact studies in terms of section 39 of the Mineral and Petroleum Resources development Act, 2002 ( Act No. 28 of 2002)

(3) whether a certain company (name furnished) has applied for exploration rights off the KwaZulu-Natal coastline; if so,

Reply

Petroleum Agency SA (The Agency) did receive an application for an exploration right over the said area from Silver Wave Energy Pte Ltd, a company based in Singapore.

(4) whether this company has any ties to the Burmese military junta; if so, (a) what are the relevant details and (b) what is the Government's position in this regard;

Reply

The Agency is not ware of any links between this company and Burmese or any other military junta.

(5) whether any consideration has been given to the impact such rights may have on (a) sea life, (b) migration patterns and (c) fishing activities; if not, why not; if so, what are the relevant details?

Reply

Currently the Agency is awaiting the Environmental Management Programme from Silver Wave Energy Pte Ltd which must among other things satisfy the requirements of section 39(3)(a) – (b) and 39(3)(d) i.e:

· baseline assessment that should amongst other things include the identification and assessment of biophysical oceanography which include sea life i.e. plankton, benthic communities, invertebrates, fish, turtles, seabirds, marine mammals and their migratory patterns and colonies. This is done in order to determine areas and seasons to be avoided when undertaking drilling and seismic survey operations.

· Furthermore, human utilization of the exploration area is assessed and this usually includes commercial and subsistence fisheries, prospecting and mining of other minerals, shipping, recreational use, etc., and impacts associated with such identified activities.

Impacts that could impact considerably on fishing, sealife and other human use activities are given consideration, hence they are identified, assessed/evaluated and appropriate mitigation measures recommended, in the assessment of the Environmental Management

QUESTION NUMBER 1567

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 May 2010

(INTERNAL QUESTION PAPER NUMBER 14)

1567. Mr E J Marais (DA) to ask the Minister of Mineral Resources:

Whether, in light of the proposed withdrawal of staff seconded by certain parties (names furnished), any action will be taken to ensure the efficient functioning of the State Diamond Trader; if not, why not; if so, what are the relevant details? NW1826E

Response

Neither the Department of Mineral Resources nor the State Diamond Trader has received such a proposal.

QUESTION NUMBER 228

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 February 2010

(INTERNAL QUESTION PAPER NUMBER 02)

228. Dr D T George (DA) to ask the Minister of Mineral Resources:

Whether the her department has conducted any research on (a) how nationalisation of mines would impact on investor confidence and (b) the risk assessment of the economy; if not, how nationalisation of mines would be funded in each case?

(a) No, since nationalisation of mines is outside our legislative framework.

(b) No, no risk assessment has been done and funding of nationalisation of mines has also not been worked on due to the reasons provided in (a) above.

Question & Reply: Mineral Resources

2010-08-17

https://pmg.org.za/question_reply/236/

UESTION NUMBER 1604

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 May 2010

(INTERNAL QUESTION PAPER NUMBER 14)

1604. Mr G R Morgan (DA) to ask the Minister of Mineral Resources:

(1) (a) How many sand mining operations are authorised in or adjacent to the Umgeni river system and (b) in each case, (i) what is the name of the entity that has been awarded the approval to mine, (ii) when was this authorisation given and (iii) what was the date of the last visit by inspectors of her department to assess compliance with the Environmental Management Plan;

(2) whether any directives have been issued against any other operation since 1 January 2008; if not, why not; if so, what are the relevant details? NW1867E

Response

1. On Umgeni River:

FILE REF	HOLDER OF AUTHORISATION	DATE ISSUED	STATUS
74MP	X-Moor Transport	30/08/2006	Mining Permit renewal application refused – last inspection conducted 29/03/2010
379MP	X-Moor Transport	21/01/2009	Operational – last inspection conducted 29/03/2010
216MP	C N Shabalala	28/03/2008	Has not commenced operations – last inspection conducted 21/05/2010
218MP	B H D Zuma	25/03/2008	Has not commenced operations – last inspection conducted 21/05/2010
246MP	M A Hall	18/04/2008	Has not commenced operations – last inspection conducted 21/05/2010
204MP	Ziyasha Logistics	06/09/2007	No record of inspection on file – inspection to be scheduled June 2010
260MP	A B Sibisi	25/03/2008	Not Operational – last inspection conducted 08/12/2009
168MP	Very Nice Trading 45 cc	10/05/2007	No record of any inspection on file – inspection to be scheduled June 2010
254MP	P T Dube	06/03/2008	Operational – last inspection conducted 25/03/2010
147MP	Little Rock Trading	30/03/2007	Application for renewal refused - last inspection conducted 25/03/2010
233MP	Uzuzunikela Trading 9 cc	06/03/2008	Not operational – last inspection conducted 21/01/2010
58MP	Versatex Trading 486 (Pty) Ltd	22/11/2005	Not operational – last Inspection conducted 21/01/2010
355MP	Qubeka Euzils Building Material Supplies	08/04/2009	No record of any inspections on file - Inspection to be scheduled June 2010
141MP	Invincible Panther Co-operative Limited	06/03/2007	Last inspection conducted 08/12/2009

Adjacent to Umgeni River:

232MR

Clayton Agencies

Mining Right Conversion lodged

Last inspection conducted 29/01/2010

2. Compliance notices were issued to the following operations:

Little Rock Trading 147 CC

X- Moor transport CC

P T Dube

Invincible Panther Co-operative Limited.

QUESTION NUMBER 126

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 march 2010

(INTERNAL QUESTION PAPER NUMBER 07)

126. Mr R A Lees (DA-KZN) to ask the Minister of Mineral Resources:

Whether an investigation has been or is being done into the impact that climate change is having on the marine mining activities between Port Nolloth and the Orange River Mouth; if not, why not; if so, (a) what are the detailed results of such investigation and (b) what action is being taken or planned to ensure that the communities in the area are not negatively impacted upon?

REPLY:

The Department of Mineral Resources does not regulate climate change issues and therefore has not done such an investigation.

QUESTION NUMBER 136

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 16 April 2010

(INTERNAL QUESTION PAPER NUMBER 08)

136: Mr D B Feldman (COPE-Gauteng) to ask the Minister of Mineral Resources:

Whether her department will provide statistics of the different race groups which benefited in mining companies under the black economic empowerment (BEE); if not, why not; if so, what are the relevant details?

Response:

No. This is not a legal requirement.

QUESTION NUMBER 1036

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30MARCH 2010

(INTERNAL QUESTION PAPER NUMBER 09)

1036. Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

In light of her reply to question 662 on 12 October 2009, what (a) is the (i) extent and )ii) nature of the relief for compliance to the requirements of the Mineral and Petroleum Resources Development Act (MPRDA), Act 28 of 2002, in favour of the African Exploration Mining and Finance Corporation (AEMFC) and (b) are the particular sections to which she referred as outlining the reasons for any exemption granted? NW1182E

REPLY

As stated by the Minister of Mineral Resources in her reply to question 661, there is no "relief" for compliance to the requirements of the Mineral and Petroleum Resources Development Act, 2002 (Act No.28 of 2002), but that in terms of section 106 of the said Act, the Minister may exempt any organ of state from the provisions of sections 16, 20, 22 and 27. These sections of the Act deal with the application for prospecting rights (section 16), the removal and disposal of minerals found during prospecting operations by the holder of a prospecting right (section 20), the application for a mining right (section 22) and the application for a mining permit (section27).

Although African Exploration Mining and Finance Corporation is exempted from the provisions of sections 16, 20, 22 and 27 mentioned above, the Company is not exempted from the provisions of section 39(4) of the Act as stated in section 106(2) of the Act.

In terms of section 39(4) of the Act, African Exploration Mining and Finance Corporation must comply with the requirements relating to the preparation of an Environmental Management Plan or Environmental Management Programme as the case may be, and lodge such Environmental Management Plan or Environmental Management Programme for consideration thereof in terms of the requirements of the Act.

QUESTION NUMBER 1754

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 May 2010

(INTERNAL QUESTION PAPER NUMBER 15)

1754. Adv. H.C Schmidt (DA) to ask the Minister of Mineral Resources:

What were the start and end dates of tenure in office of every (a) permanent and (b) acting (i) Director-General and (ii) Chief Financial Officer during the period 1 January 2000 to 31 December 2009. NW2020E

Response

(a) Permanent

(i) The Director-General was appointed permanently as the Director-General since the

proclamation of the Department.

(ii) The post of Chief Financial Officer (CFO) has been vacant since June 2009.

(b) Acting

(i) The post of the Director-General is filled.

(ii) The person has been acting in the post of Chief Financial Officer since 01 June 2009 to date.

QUESTION NO 2353

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 25)

2353. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether the new interdepartmental team of senior executives of her department and of the Department of Mineral Resources to consider the problem of the impact of mining on water resources in the Witwatersrand area has been established, as referred to in her speech to the AgriSA Water Conference on 11 August 2010; if so, when was it established; if not, (a) why not and (b) when is it anticipated to be formed;

(2) what are the (a) details of the persons who have been selected to form part of this team and (b) what are the proposed (i) terms of reference and (ii) time frames for the implementation thereof;

(3) whether the mandate of the team is of an (a) advisory or (b) executive nature;

(4) (a) to whom and (b) how often will the team be required to report? NW2922E

---00O00---

REPLY:

(1) Yes, the team of experts was established on the 8 September 2010 after the first Inter-Ministerial Committee (IMC) on Acid Mine Drainage (AMD).

(2)(a) The Team consists of experts of the Department of Mineral Resources, Science and Technology, my Department, and representatives from the Council for Geosciences (CGS), Water Research Commission (WRC) and MINTEK.

(2)(b)(i) The terms of reference are as follows:

· to appraise the risks;

· to assess what has been done by various institutions;

· to assess available solutions and technology;

· to interrogate and assess viability and costs of critical short-term interventions;

· to integrate lasting and sustainable medium and long term solutions; and

· to explore possible partnerships with the private sector.

(2)(b)(ii) The Team has to report within six weeks (Middle October).

(3)(a) The mandate of the team is of an advisory nature.

(4)(a) The Team will report to the Inter-Ministerial Committee (IMC).

(4)(b) The frequency of reporting is still to be determined.

QUESTION NUMBER 383

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 FEBRUARY 2010

(INTERNAL QUESTION PAPER NUMBER 04)

383. Mr E J Marais (DA) to ask the Minister of Mining:

(a) What (i) vehicles, (ii) aircraft and (iii) properties are currently owned by her department and (b) with regard to each item, (i) when was it purchased, (ii) how much did it cost and (iii) for what reason was it purchased? NW455E

REPLY

The following response applies to both the Department of Mineral Resources and Department of Energy because they are still sharing the administration function until end of 31 March 2010.

(a) (i) BMW X5

BMW 750i

BMW 525i

BMW 523i

BMW 528i

Mercedes Benz E240

Colt Bakkie

Condor

A6 2.4

(ii) No Aircraft was purchased

(iii) No Properties purchased

(b)

Vehicle Purchased	(i)When Purchased	(ii) Cost	(iii) Reason
BMW X5	2010	R 789 924.00	Official use by the new Minister in Pretoria
BMW 750i	2010	R 1,200,100.00	Official use by the new Minister in Pretoria
BMW 525i	2002	R 347,000.00	Official use by the former Minister in Cape Town
BMW 525i	2005	R 410,000.00	Official use by the former Deputy Minister in Cape town
BMW 523i	2000	R 280,000.00	Official use by the former Minister in Pretoria
BMW 528i	2000	R 302,000.00	Official use by the former Deputy Minister in Pretoria
Colt Bakkie	2002	R 93,000.00	Official use by the DME Officials
Condor	2001	R 84,000.00	Official use by the DME Officials
A6 2.4	2003	R 348,000.00	Official use by the former Minister in Cape Town
Mercedes Benz E240	2002	R 400,000.00	Official use by the former Minister in Pretoria

17 August 2010 - Questions asked to Minister of Mineral Resources

01 July 2009 - Questions: Minister of Mineral Resources

MPs to ask the Minister of Mineral Resources

Source
Link

Reply:

QUESTION NUMBER 2055

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 26)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) How many (a) applications did her department receive for (i) prospecting rights, (ii) mining rights, (iii) mining permits and (iv) conversions of prospecting and mining rights in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, and (b) of these applications were still outstanding as at 1 October 2009;

(2) how many (a) appeals has she and her director-general received in terms of section 96 of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, as a result of refusals between 1 May 2004 and 30 April 2009 and (b) of these appeals were still outstanding on 1 October 2009;

(3) how many applications for judicial review have been instituted against her or her department as a result of their refusal to grant (a) prospecting rights, (b) mining rights or (c) the conversion of prospecting and mining rights;

(4) (a) how many of these judicial review applications were granted, settled or refused by the High Court and (b) what was the value of the cost orders made by the court against either her or her department in respect of every judicial review? NW2709E

REPLY

(1) Since the promulgation of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) on the 1st of May 2004, the Department has received over 20 000 applications for prospecting rights, mining rights and mining permits. In terms of the timeframes set out in the Act, applications for prospecting rights are processed within 6 months from the date of acceptance and mining rights within 12 months from the date of acceptance. There is no time frame within which the conversions of old order rights must be processed. Therefore, only those applications whose timeframe have not elapsed still stand to be finalized.

(2) The Department has since the promulgation of the Mineral and Petroleum Resources Development Act received about approximately 780 appeals. This is in contrast to approximately 4500 prospecting rights and mining rights which have been refused.

(3) The Department has received approximately 180 applications for judicial review.

(4) Granted 21, settled 45 and refused 2.

QUESTION NO 529

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

Whether any function was organised to mark the occasion of the delivery of her budget vote in 2009; if so, (a) what total amount was spent on this function, (b) from which budget was the money allocated, (c) what amount was spent on (i) food and refreshments, (ii) venue, (iii) entertainment, (iv) staff and (v) transport and (d) how many persons were invited to attend this function?

REPLY

Yes

(a) The overall amount spent for the function was R412 077.72

(b) The budget was from DME and our partners

(ii) R25 252.27 (paid by DME)

(iii) R99 475.00 (paid by partners)

(iv) 13 DME staff

(v) R77 149.00

(d) 250 invited guests

QUESTION NUMBER 362

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 27 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 25)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources: [Written Question No 1335]

(1) How many applications for (a) prospecting, (b) mining and (c) other types of applications were lodged with her department in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, for each type of mineral;

(2) how many applications for (a) prospecting, (b) mining and (c) other types of applications that were lodged with her department in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, for each type of mineral since 1 September 2009 have not been processed;

(3) how many applications for (a) prospecting, (b) mining and (c) other types of applications that were lodged with her department before 1 September 2009 in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, have not been finalised yet in each regional office? NW1684E

REPLY

1) In respect of (1) and (2) above, all applications for prospecting rights or mining rights must in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) be processed. Therefore we do not understand the question in relation to applications not being processed

2) See 1 above

3) Only those application which are within the prescribed timeframe and the conversion applications which still have to comply with the prescribed requirements have not been finalised

QUESTION NUMBER 1126

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 4 SEPTEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 14)

Mr P D Dexter (Cope) to ask the Minister of Mineral Resources:

Whether the computers purchased at the value of R50 million in the past four years by the previous joint Ministry of Minerals and Energy are to be inherited by her department; if not, (a) what computers are these, (b) how will it be apportioned and utilised and (c) what would happen to the R75 million that has been approved for further purchases of computers; if so, what will her department do with such an enormous computer capacity? NW1391E

REPLY

In actual fact, the Department of Minerals and Energy spending on computer equipment in the past four years was R 16,658,316.20 which comprises

 R4, 843,902.99 for 2008/09;

 R3, 527,433.27 for 2007/08;

 R4, 023,517.27 for 2006/07 and

 R4, 263,462.67 for 2005/06.

These amounts are also available in the audited Annual Financial Statements which are contained in the annual reports for the respective periods..

(a) The above amounts include the following major items

· Desktops and Laptops for use by departmental officials

· Servers and related infrastructure

· Printers and other computer equipment

(b) The Desktops and Laptops are allocated to positions which will continue to exist in the new Department of Mineral Resources and Department of Energy. This will therefore be apportioned and utilised in line with the new structures of the two departments. The existing servers will be allocated to either Mineral Resource or Energy based on the technical specifications and the requirements of each department

QUESTION NUMBER 2057

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 26)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) How many (a)(i) ownerless and (ii) abandoned mines have been found to exist as at 1 October 2009;

(2) whether her department has a plan to deal with these mines; if not, what is the position in this regard; if so,

(3) whether her department has made this plan available for public comment; if not,

(4) whether this plan will be made public in the future; if not, why not; if so, when? NW2711E

REPLY

(1) (i) approximately 70 sites

(ii) Not applicable

(2) The Department is in the process of developing an inclusive strategy in addressing derelict and ownerless mine sites

(3) Refer to 2 above

(4) Not applicable for now.

QUESTION NUMBER 2056

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 26)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

Whether the water ingress and regional mine closure strategy for the Witwatersrand and Klerksdorp-Orkney-Stilfontein-Hartebeestfontein (KOSH) area has been made available for public comment; if not, (a) when will such documents be made available and (b) why has there been a delay in publicising the relevant documents? NW2710E

REPLY

Yes. The draft Regional Mine Closure Strategy (RMCS) documents for both Klerksdorp-Orkney-Stilfontein Hartebeesfontein (KOSH) and Witwatersrand Basins (namely Western, Far Western Eastern and Central basin) were made available for public comments. The Council for Geosciences (CGS), which had been contracted by the Department of Mineral Resources to develop the RMCS, posted the Regional Mine Closure Strategy documents on its website for public comment from the 15th December 2008 to the 31stof January 2009. In addition, an invitation to all interested and affected parties was circulated on the 15th of December 2008, urging them to view and comment on the documents. The period for commenting on the documents was extended to the 28th of February 2009.

a) Falls off

b) Falls off

QUESTION NUMBER 2012

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 26)

Mr E J Marais (DA) to ask the Minister of Mineral Resources:

(1) What total amount in respect of advertising has her department and all specified entities reporting to it (a) budgeted for and (b) spent (i) in the 2008-09 financial year and (ii) during the period 1 April 2009 up to the latest specified date for which information is available;

(2) (a) what total number of advertisements for her department and each entity reporting to it (i) appeared in the print media and (ii) were broadcast on (aa) radio and (bb) television, (b) how much did each advertisement cost and (c) what was the purpose of each advertisement?

REPLY:

(1) (a) N/A

(b) (i) N/A.

(ii) For the period May until October 2009 an amount of R 535 542,18 on the advertisement posts

2(a) (i) 24 posts were advertised, in the department alone (not including public entities)

(ii) (aa) N/A

(bb) N/A

(b) Each advertisement cost between R20 000 and R25 000 per advertisement

QUESTION NUMBER 1723

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 16 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 22)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) What amount was spent by her department on (a) hotel accommodation, (b) restaurant expenses and (c) travel costs (i) in the 2008-09 financial year and (ii) during the period 1 April 2009 up to the latest specified date for which information is available, for (aa) her, (bb) specified officials of her department and (cc) any other specified individuals;

(2) why did each individual use the specified accommodation in each case? NW2215E

REPLY

1. (a) Hotel accommodation

(i) Not applicable, the Department of Mineral Resources only came into existence during the 2009/10 financial year

(ii) for 2009/10

(aa) R 42 278.45

(bb) R0

(cc) R0

(b) Restaurant expenses

(i) N/A see (a) (i)

(ii) 2009/10

(aa) R 20 720.26

(bb) R0

(cc) R0

(i) N/A see (a) (i)

(ii) for 2009/10

(aa) R213 327.51

(bb) R0

(cc) R 47 835.70

Each individual used the specified accommodation in each case for business purpose where they were required as part of their normal duties to be away from their normal place of work.

QUESTION NUMBER 2127

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 27)

Mr E J Marais(DA) to ask the Minister of Mineral Resources:

(1) Whether mining licences are approved before inputs from other spheres of government have been received; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether any mining licences have been issued before zoning and environmental impact assessments (EIA) have been completed; if so, (a) how many licences, (b) in how many cases did the applicants withdraw the zoning and the EIA applications after the licences were issued and (c) what steps is her department taking to ensure that zoning and EIA are done?

REPLY

(1) There is no provision in the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) provides for the issuing of mining licenses. However, sections 17, 23 and 27 of the MPRDA empower the Minister to grant prospecting rights, mining rights and mining permits. Section 40(1) of the Act states that "When considering an environmental management plan or environmental management programme in terms of section 39, the Minister must consult with any State department which administers any law relating to matters affecting the environment."

(2) There is no provision in the MPRDA that calls upon the Minister to grant prospecting or mining rights subject to zoning requirements of a local government. As far as EIAs are concerned they are conducted during the EMP process.

QUESTION NO 504

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6)

Mr M J Ellis (DA) to ask the Minister of Mineral Resources:

(1) With reference to her reply to question no 71 on 2 July 2009, what is a negative environmental impact;

(2) whether acid mine drainage is regarded as having a negative environmental impact, considering the effect it has on the environment; if not, how was this conclusion reached; if so, why can funds held by her department for the rehabilitation of mines not be used for dealing with acid mine drainage? NW567E

REPLY

(1) Negative environmental impact, implies an activity or action or event that adversely impacts and influences the environment.

(2) If not managed properly, acid mine drainage can have negative impact on the environment.

QUESTION NUMBER 2256

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 28)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) Whether the Peak Quarry in Eersterivier have an Environmental Management Programme Report (EPMR); if not, why not; if so, (a) when was it approved, (b) when did the quarry first commence operations, (c) in what year is expected to stop operations, (d) how many times has inspectors from her department visited the mine since January 2008 and (e) what was the date of each visit;

(2) Whether any directives have been issued against the mine for non-compliance on any matters relating to the EMPR since it commenced operations; if so, what are relevant details?

(3) What are provisions in EMPR that relate to how the quarry operators need to manage (a) noise and (b) dust?

REPLY

1 (a) Yes, the mine has an approved Environmental Management Programme Report (EMPR), approved on 12 June 2000 in terms of the repealed Minerals Act, 1991 (Act 50 of 1991).

(b) A mining authorization was issued on 22 July 1994 in terms of the repealed Minerals Act, 1991, but the mine was in operation long before that time, in terms of legislation prior to the Minerals Act, 1991.

(d) Inspections are conducted in accordance with an inspection plan. As such a total of 6 mine health inspection have been conducted.

(e) Inspections were conducted as per the inspection plans.

(2) No.

(3) The information relating to noise and dust levels is contained in the approved Environmental Management Programme Report, as amended. The noise provision addresses noise within and outside the perimeter of the mine.

QUESTION NUMBER 270

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 27 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 25)

Ms F C Bikani (ANC) to ask the Minister of Mineral Resources

(a) What progress has been made in establishing a state-owned mining company and (b) what would be its primary purpose? NO2595E

REPLY

The State Owned Mining Company was established prior to the democratic dispensation, with the aim of ensuring security of supply of strategic energy commodities for local consumption. At the time of its establishment, the Mineral and Petroleum Resources Development Act was not in existence, which means the company was operating under a different regulatory regime, which did not embrace the transformation agenda. The resuscitation of this company under the current regulatory environment is intended to continue ensuring security of strategic commodities, particularly energy commodities, while effecting the developmental agenda of Government.

The primary purpose of the company is to acquire and hold rights in respect of energy related and other strategic minerals on behalf of the State and develop these mineral commodities for national interest.

QUESTION NUMBER 261

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 27 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 25)

Adv A de W Alberts (FF Plus) to ask the Minister of Mineral Resources:

Whether she intends proposing an amendment to the policy regarding the private ownership of mines; if so, (a) why and (b) what are the Government's proposals in this regard? NO2583E

REPLY

a) Falls off

b) Falls off

QUESTION NUMBER 269

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 27 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 25)

Mr V V Magagula (ANC) to ask the Minister of Mineral Resources

What programmes of assistance and/or strategic plans are in place to encourage and develop small-scale miners in the country? NO2594E

REPLY

The department has identified small scale mining as a prospect of critical intervention to uplift rural communities. As a result the department is developing a small scale mining strategy, which will be implemented in the next financial year

QUESTION NUMBER 1248

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 SEPTEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 16)

ADV H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) What (a) are the reasons for the Cabinet's decision to suspend the disposal of State-owned mining assets, (b) is the purpose of the suspension and (c) entities and/or departments are responsible for the audit of the mining assets;
(2) whether an investigation into the regulatory environment within the mining sector pertaining to the suspension of the disposal of mining assets has been mandated; if not, what is the position in this regard; if so, what are the relevant details;
(3) what will be the duration of the suspension? NW1590E

REPLY

(1) (a) and (b) The Cabinet approved suspension of disposal of mining assets to allow the Minister of Mineral Resources adequate time to finalise an audit of mining interests held directly or indirectly by the State.
(c) DMR is Responsible

(2) Yes, through Cabinet's decision

(3) Cannot indicate the duration but intend to report to cabinet soon after finalisation of the audit

QUESTION NUMBER 1980

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 26)

Mr M Waters (DA to ask the Minister of Mineral Resources:

(1) Whether, with reference to a reply to Question 588 on 26 May 2008, any inspectors have visited the Witfontein R/33/151R mining site; if not, (a) why not and (b) when will this be done; if so, (i) when, (ii) who were the inspectors and (iii) what were their findings;

(2) whether any inspection has been conducted to determine whether regulation 17(6) of the Mine Health and Safety Act, Act 29 of 1996, is being adhered to; if not, (a) why not and (b) when will this be done; if so, when;

(3) whether there are any laws or regulations that stipulate the number of inspections that should be carried out by her department at mining sites per year; if not, what is the position in this regard; if so, what are the relevant details;

(4) whether such obligations have been met with regard to the abovementioned mining site; if not, why not; if so, what are the relevant details? NW2463E

REPLY

(1) Yes, Inspections were conducted on 20th and 31st October 2008 by Senior Inspector FJ Nkuna of the Gauteng Region Office as well as on 18th November 2008 by Senior Inspector F Barradas and Inspector J Kearney of the Directorate: Mine Surveying, Head Office, Pretoria.

During these inspections it was found that regulation 17(6) was not applicable as the mine was established in 1983 whilst the township, according to the deeds office, was only proclaimed in 2003. There was also no evidence found that the developer of the township of Glen Erasmia Extensions 4 & 5, which has been established within a horizontal distance of 100 metres from the boundary of the quarry, had submitted an application for comment to my Department, nor had the developer complied with Regulations 17(7)(b) or 17(8)(b) of the Mine Health and Safety Act, Act 29 of 1996, which stipulate that no structures may be erected within a horizontal distance of 100 metres from a mine without prior submission of a risk assessment to, and approval from, the Chief Inspector of Mines.

(2) Yes, the aforementioned inspections were carried out, inter-alia, to investigate compliance of regulation 17(6) as well as compliance with regulations 17(7)(b) and 17(8)(b).

(3) No, there are no laws or regulations that stipulate the number of inspections to be carried out per year. The Annual Business Plan of the Mine Safety Inspectorate, however, determines the risk value of underground and surface mining operations, which in turn, determines the frequency of visits to individual mining sites.

(4) Yes, the obligations were met on 31st October and 14th November 2008 which were routine inspections. All relevant details regarding the legal standing between the mine and the adjacent township have been addressed in my reply of question 1 above.

QUESTION NUMBER 1856

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 24)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) Whether (a) she, (b) any specified officials and (c) any other persons have been issued with a government or official credit card; if so, what are the relevant details for her and each holder of a credit card in respect of the (i) name, (ii) job title, (iii) credit limit, (iv) outstanding amount as at the latest specified date for which information is available, (v) monthly expenses incurred for each month since receiving the credit card, (vi) reason for such persons being issued with a credit card and (vii) uses that such a credit card is intended for;

(2) whether any such credit cards are over their credit limit; if so, (a) whose credit cards are over the limit and (b) what is the reason for the credit cards exceeding the limit;

(3) whether any action has been taken against such persons for exceeding their credit card limits; if not, why not; if so, what are the relevant details? NW2416E

REPLY

(1) (a) No. The Minister has not been issued with a government or official credit card by 30 September 2009.

(b) Yes. Other specified official has been issued with an official credit card.

(a) (i) Not applicable

(b) (i) Advocate Sandile Nogxina

(ii) Director General

(iii) The limit is R10 000.00

(iv) R663.00 was outstanding as at 30 September 2009

(v) June 2008 – R143.39; July/August 2008 – R433.39; September 2008 – R1 169.70; October 2008 – R1 727.30; November 2008 – R5 546.42; December 2008 – R304.29; January/February 2009 – R2 065.50; March 2009 – R2 508.79; April 2009 – Nil; May 2009 – R663.00; June 2009 – Nil; July 2009 – Nil; August 2009 – R1 159.70; September 2009 – R663.00.

(vi) To ensure that the Director General is not financially prejudiced when executing official duties outside the normal work station.

(vii) To enable direct payment of other departmental activities such as refreshments/entertainment and other incidental expenses that takes place outside the normal work station.

(2) No. The card is not over the credit limit.

(a) Not applicable.

(b) Not applicable.

(3) Not applicable.

QUESTION NUMBER 1855

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 24)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) In respect of each version of the 2008-09 annual report of her department and the annual reports of each statutory and other entity reporting to her department, (a) what was the (i) budgeted cost, (ii) actual cost and (iii) breakdown of cost in respect of (aa) printing, (bb) graphic design, (cc) other costs and (dd) unit cost of each annual report and (b) how many copies of each were (i) produced and (ii) distributed;

(2) whether any version of the abovementioned reports was retracted or withdrawn; if so, (a) how many times were each annual report withdrawn or retracted, (b) what (i) were the reasons for each withdrawal or retraction and (ii) was the amount spent on each version and (c) how many copies were withdrawn in each case;

(3) how was the decision taken to award the contract to the (a) graphic design company and (b) printing company;

(4) whether (a) her department or (b) any of those public entities that fall under her department held a function on tabling their 2008-09 annual report; if so, in each case (i) what was the name of the public entity, (ii) how much did the function cost, (iii) what is the breakdown of that cost, (iv) where was the function held and (v) how many guests were invited? NW2415E

REPLY

(1)

(a) (i) R200,000.00

(ii) R 281,380.50

(iii) (aa) R 137,297.00

(bb) R 82,600.00

(cc) R 26 928.00

(dd) R137.30

(2) No

(a) N/A

(b) (i) (ii) N/A

(3) In terms of the PPPFA.

(4) (a) No

(b) No

(i) N/A

(ii) N/A

(iii) N/A

(iv) N/A

(v) N/A

QUESTION NUMBER 1854

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 24)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

Whether any mining company or entity that operated and mined resources which were granted mining rights before the commencement of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, who have failed to submit their applications for mining rights on 2 May 2009 and on 15 October 2009, are still continuing to operate and mine resources; if so, what are their names? NW2414E

REPLY

It is not clear what honourable member Adv H C Schmidt is referring to by "mined resources". No mining company was granted mining rights prior to 01 May 2004.

QUESTION NUMBER 1159

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 SEPTEMBER 2009

Mr E J Marais (DA) to ask the Minister of Mineral Resources:

Whether her department uses temporary employment services and/or labour brokers; if so, (a) why, (b) how many positions have been filled by temporary employment services in the (i) 2006-07, (ii) 2007-08 and (iii) 2008-09 financial years, (c) what percentage of the total staff complement did temporary employment services contribute in each of these years and (d) how much money has been spent on temporary employment services in each year?

REPLY

QUESTION NO 471

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 03 JULY 2009

(INTERNAL QUESTION PAPER NO 6)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) With reference to her reply to question no 112 on 2 July 2009, what were the reported causes of (a) deaths of legal mine workers and (b) accidents causing injuries to legal mine workers during the period 1 June 2008 to 1 June 2009;

(2) whether her department (a) has taken any steps in addition to implementing the Mine Health and Safety Act, Act 29 of 1996 and (b) will introduce any additional measures to stop or reduce the (i) illegal mining activities and (ii) fatal mining incidents whilst on duty; if not, why not; if so, what steps? NW532E

1(a) and (b) The reported causes of both injuries and deaths of legal miners are ranked as follows:

1. Falls of ground (caused by gravity 60% and 40% seismicity).

2. Trackless Mobile Machinery (Truck accidents).

3. Railbound Transport (Underground train derailments).

4. Falling from Heights.

5. Electricity.

6. Explosives.

2(a) The Department conducted countrywide Presidential Mine health Safety Audits to ensure compliance with the provisions of the Mine Health and Safety Act and to eliminate or reduce mine employee fatal accidents. A report depicting the overall performance by the mining industry was compiled which included recommendations for enhancing mine health and safety.

A Mine Health and Safety Tripartite Summit, lead by the former Minister of the Department of Minerals and Energy, was also held to consider sustainable measures that would enhance health and safety at the mines. All the respective principals of the State, Labour and Employer stakeholders together agreed on the action steps which would be adopted for eliminating or reducing cases of ill health, fatalities and injuries in the industry.

In addition, meetings are held with the CEOs of the respective mining companies to ensure that effective health and safety management systems are implemented to prevent harm. Critical measures, including mine stoppages, are also taken where necessary to ensure compliance with the provisions of the Act.

2(b)(i) Illegal mining is not regulated

(b)(ii) The Mine Health and Safety Act was amended to strengthen the enforcement provisions and the Department's capacity for ensuring effective coverage of the mines.

QUESTION NUMBER 2193

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 27)

Mrs P de Lille (ID) to ask the Minister of Mineral Resources:

Whether commercial companies that mine sand must comply with the conditions of the Land Use Planning Ordinance Amendment Act, Act 64 of 1992; if not, why not; if so, what are the relevant details? NW2901E

REPLY

The Minerals and Petroleum Resources Development Act, 2002 (Act 28 of 2002) is the statutory instrument passed by Parliament (the National Assembly and the National Council of Provinces) to regulate the minerals and mining sector in South Africa. There is no provision in the Minerals and Petroleum Resources Development Act, 2002 which stipulates that decision taken in terms of this Act are subject to provisions of a local government.

QUESTION NUMBER 2186

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 27)

Adv H C Schmidt (DA)to ask the Minister of Mineral Resources:

Whether, any state-owned mining company/entity has been awarded prospecting and/or mining rights or permits in the 2008-09 financial year; if so, (a) for which minerals in each case and (b) what is the name of the mining company/entity in each case? NW2894E

REPLY

All applicants for prospecting rights, mining rights or mining permits are treated equally in terms of the provisions of the Minerals and Petroleum Resources Development Act, 2002 and other legislation. Therefore, it is not proper nor correct for private information of any applicant to be divulged to the public.

The existing direct and indirect t state-owned prospecting and mining companies are Alexkor (Ptd) Ltd, Foskor (Pty) Ltd and African Exploration Mining and Finance Corporation (Pty) Ltd.

QUESTION NUMBER 2185

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 27)

Adv H C Schmidt (DA)to ask the Minister of Mineral Resources:

Whether any mineral has been declared a strategic mineral in terms of the applicable legislation in the 2008-09 financial year; if not, what is the position in this regard; if so, (a) what minerals, (b) on what date in each case and (c) for what reason in each case? NW2893E

REPLY

(a) Falls off

(b) Falls off

Background Information

The interpretation of the question is that it flows from the previous oral response in respect of State Owned Mining Company, in which the department indicated that the company will focus on strategic minerals. There are currently no provisions in legislation for declaration of any mineral as strategic, other than the inference on uranium as a strategic mineral in the Nuclear Policy of June 2008 as well as Minister Sonjica's and Alec Erwin statements in parliament at the time.

In light of challenges of energy deficit, priority of classification of minerals as strategic is currently on energy commodities, viz. coal, uranium, fluorspar, thorium, zirconium and platinum. To this extent, the department has drafted strategies on both uranium and coal and is prioritising finalisation of these strategies, which will be translated into the minerals being declared strategic.

It is the intention of the department to declare all minerals of the people of the Republic of South Africa strategic to support government programmes such as Beneficiation, Infrastructure Development and National Industrial Policy Framework.

QUESTION NUMBER 2193

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 27)

Mrs P de Lille (ID) to ask the Minister of Mineral Resources:

REPLY

QUESTION NUMBER 2186

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 27)

Adv H C Schmidt (DA)to ask the Minister of Mineral Resources:

REPLY

The existing direct and indirect t state-owned prospecting and mining companies are Alexkor (Ptd) Ltd, Foskor (Pty) Ltd and African Exploration Mining and Finance Corporation (Pty) Ltd.

QUESTION NUMBER 2185

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 27)

Adv H C Schmidt (DA)to ask the Minister of Mineral Resources:

REPLY

(a) Falls off

(b) Falls off

Background Information

QUESTION NUMBER 97

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 SEPTEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 15)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) What steps have been taken to develop institutional mechanisms and structures in order to give support to historically disadvantaged persons in respect of transforming the mining industry;

(2) whether her department and/or any other department or institution will be responsible for the implementation of these steps; if so, (a) when and (b) what are the further relevant details? NO1428E

REPLY

1 My department developed the first mechanism of implementing the transformation agenda with the precursor charter, the mining charter, which Charter sets out specific targets for transformation of the industry, with particular emphasis on extending the benefits to the historically disadvantaged South Africans, including, albeit not limited to community benefits, ownership and management participation. The vesting of custodianship of mineral rights to State has enabled my department to attach conditions to the issuing of mining rights, which seek to effectively drive the transformation agenda. This meant that as companies apply for mining rights (including conversions of old order rights), their commitment in relation to the transformation pillars of the Charter are scrutinised and for the basis of the conditions of their license.

2 My Department is implementing this legislation

a. Already in progress, having started from the 2004 May 1st.

b. Not applicable

QUESTION NUMBER 2349

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 20 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 29)

Mr E J Marais(DA) to ask the Minister of Mineral Resources:

Whether, with reference to her reply to written Question 415 on 17 July 2009, she has purchased a new vehicle; if not, (a) when will she purchase a new vehicle and (b) what is the value of the vehicle she is currently using; if so, (i) why, (ii) what make and model is the vehicle, (iii) what did the vehicle cost and (iv) what (aa) accessories were included in excess of the vehicle's purchase price and (bb) was the cost of such accessories? NW3062E

REPLY

I have not purchased a new vehicle.

(a) I have not made a decision to buy a new vehicle yet..

(b) I am currently using a leased vehicle and therefore value cannot be put on such vehicle.

(i) Falls away

(ii) Falls away

(iii) Falls away

(iv) Falls away

(aa) Falls away

(bb) Falls away

QUESTION NO 415

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 03 JULY 2009

(INTERNAL QUESTION PAPER NO 5)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) Whether she purchased a new vehicle on her appointment to office; if so, (a) why, (b) what make and model is the vehicle, (c) what did the vehicle cost and (d)(i) what accessories were included in excess of the vehicle's purchase price and (ii) what was the cost of such accessories; if not,

(2) whether she inherited an existing vehicle; if so, (a) what was the make and model and (b) how old is the vehicle? NW476E

REPLY

(1) No, I have not yet purchased a vehicle since my appointment. I am currently making use of loan vehicles from BMW in terms of the arrangement between BMW and the Department of Transport.

(2) Falls away. Refer to the explanation above.

QUESTION NUMBER 1797

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 16 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 22)

Mr G R Morgan (DA) to ask the Minister of Mineral Resources:

(1) (a) How many of her department's officials are dedicated to environmental protection and monitoring,(b) what are their respective designations, (c) how many vacancies currently exist for such officials and (d) for low long has each of these positions been vacant;

(2) what was the budget for environmental protection and monitoring for the 2008-09 financial year;

(3) (a) how many mines were found to be in transgression of their environmental management programmes in the 2008-09 financial year, (b) what was the nature of the transgression in each case and (c) what action did her department take in each case?

REPLY

(1) Seventy eight (78) of the Department's officials are dedicated to environmental protection and monitoring,

Thirteen (13) vacancies (of which 12 became vacant since June 2009) currently exist for such officials.

(2) What was the budget for environmental protection and monitoring for the 2008-09 financial year?

Each regional office of the Department of Mineral Resources has a global integrated budget from which funds are sourced by interalia the officials referred to in question 1 above.

(3) (a) Two hundred and fifteen (215) cases of transgression of environmental management requirements were found in the 2008-09 financial year,

(b) Transgressions cover a wide spectrum varying from minor issues to more significant issues.

(c) Actions undertaken by the department are as follows:

Action was taken by the Department in accordance with the provisions of the Mineral and Petroleum Resources Development Act, 2002(Act 28 0f 2002).

QUESTION NUMBER 1063

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 4 SEPTEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 14)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) Whether approval has been granted to any mining company or other applicant during the period 1 July 2008 to the present for the construction of new mine tailings storage facilities; if so, (a) where will it be located, (b) the date on which date was approval granted, (c) for which time period is such storage facility to be constructed, (d) when will it become operational and (e) what is the extent of the land surface it is to occupy;

(2) whether agricultural land will be the site on which the storage facilities will be built; if not, what is the position in this regard; if so, what is the name of the successful applicant and/or mining company?

REPLY

(1) No approval has been granted to any mining company for the construction of new mine tailing storage facilities by the Department of Mineral Resources and no application for the said facility was submitted to the Department of Mineral Resources.

(a) NA

(b) NA

(d) NA

(e) NA

2. NA

QUESTION NUMBER 1062

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 4 SEPTEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 14)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) Whether approval has been granted to a certain mining company (name furnished) for the construction of a storage facility (details furnished); if so, (a) where will it be located, (b) the date on which approval was granted, (c) the time period during which such storage facility is to be constructed, (d) when will it become operational and (e) the extent of the land surface it is to occupy;

(2) whether agricultural land will be the site on which the storage facility will be built; if not, what is the position in this regard; if so, what are the relevant details? NW1323E

REPLY

Please refer to the response to question 1063.

QUESTION NUMBER 1189

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 SEPTEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 16)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

In light of the appointment of a certain company (name furnished) to conduct an assessment of compliance in respect of the Mining Charter, (a) what is its mandate, (b) what is the date on which it must present its report to the department, (c) who are the (i) directors and (ii) members of this company and (d) what is the cost of commissioning the report?

REPLY

(a) The mandate of the company is to undertake an independent assessment of the cumulative progress (by the mining industry) against the targets of the Mining Charter, as agreed upon by all stakeholders prior to implementation of this Charter.

(b) End of September, 2009.

(ii) Not applicable

(d) The report is commissioned at a total cost of R 3,659,172.00.

QUESTION NUMBER 1608

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 9 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 20)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) (1)Whether her department developed and adopted a policy providing guidelines for the appointment of persons with a criminal record; if so, (a) when was the policy (i) developed and (ii) adopted and (b) where can a copy of the policy be obtained; if not,

(2) Whether her department has any plans in place to develop and adopt such a policy; if not, why not; if so, what are the relevant details;

(3) Whether her department does any pre-employment screening of potential employees for criminal records; if not, why not; if so, what are the relevant details;

(4) Whether any employees with criminal records are currently employed by her department; if so, (a) how many and (b) what is their (i) job level and (ii) occupational category? NW2014E

REPLY

(1) Yes,

(a) (i) in 2002 under DME

(ii) in 2004

(b) The Policy and the DME Vetting Strategy is available on request.

(2) Not applicable

(3) Yes, all potential employees are sent for pre-employment screening before the approval is granted for the appointment. The pre-employment screening of the Department covers the following: Criminal record checks, citizenship status, credit worthiness, previous employment and qualification verification.

(4) No

(a) Not applicable

(b) (i) Not applicable

(ii) Not applicable

QUESTION NUMBER 1678

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 16 OCTOBER 2009

(INTERNAL QUESTION PAPER NUMBER 22)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

Whether, since her appointment in May 2009 any renovations or alterations were done at state owned and private residences of her or any other specified official of her department; if so, (a) where she and the occupants of each such residence were accommodated during the renovations and (b) at what cost to his department in each case? NW2134E

REPLY

No.

(a) Falls away

(b) Falls away

QUESTION NO 552

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) Whether her department makes use of private security firms; if so, how much money was spent on such firms in 2008;

(2) whether these firms are used on a contractual basis; if so, (a) how many contracts did her department take out in this regard in 2008, (b) with which firms were these contracts taken out, (c) for what specific purpose was each contract taken out and (d) what was the value of the contract in each case;

(3) why is there a need for her department to use a private security firm as opposed to state security?

REPLY

(1) Yes, the Department makes use private security firms. The money spent the security firms in 2008 is R186 435.60.

(2) Yes the firms are used on contractual basis.

(a) Two firms were contracted in 2008

(b) Siyashesha Security Services and Enforce Armed Response System

(c) Siyashesha Security Services for Physical security at Olifantsfontein training centre and Enforce Security Services for Armed Response System at Durban regional office

(d) The department paid R186 435.60 per annum for Siyashesha Security Services and paid R4 035 to Enforce Security Services

(3) It is government policy.

QUESTION NO 569

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6)

Mr AM Figlan (DA) to ask the Minister of Mineral Resources:

(1) (a) How many sand mining operations have been authorised by her department (i) in or (ii) adjacent to the Umgeni River system and (b) what is the name of the entity that has been awarded approval to mine in each case;

(2) whether the sand mining operation run by an entity called Crossmore near the Anthurium Place access road in eThekwini has been authorised by her department; if not, what action will be taken against this operation; if so, when was the application granted;

(3) whether steps are being taken to ensure that the operation complies with the Environmental Management Plan; if not, why not; if so, what are the relevant details;

(4) whether any directives have been issued against the operation; if not, why not; if so, what are the relevant details? NW633E

REPLY

1. The following mining permits have been issued on the Umgeni river:

(a) (i) 12

(b) (ii) 4

1. X Moor Transport cc 379MP

2. X Moor Transport cc 74MP

3. BHD Zuma 218MP

4. M A Hall 246MP

5. C N Shabalala 216MP

6. Ziyasha Logistics (Pty) Ltd 204MP

7. A B Sibisi 260MP

8. Very Nice Trading (Pty) Ltd 168MP

9. P T Dube 254MP

10. Little Rock Trading 45cc 147MP

11. Quebeka Euzils Building Material Suppliers cc 355MP

12. Uzuzinikela Trading 9 cc 233MP

13. Versatex 486 (Pty) Ltd 58MP

14. Invincible Panther Co-operative Limited 141MP

15. Tack it Trading cc 370MP

16. Gamelihle Sand and Pebble Suppliers cc 169MP

(ii) The following rights/permits have been issued adjacent to the Umgeni River

system:

1. K Lutchman (Tributary adjacent to Umgeni River) 232MR

2. V Govender 45MP

3. Kovacs Investments (Pty) Ltd (Qala Quarry – adjacent to Umgeni River System) -

102MR

4. Invincible Panther Co-operative Limited (Granite Quarry adjacent to Umgeni river) -

146MR

2. From the Department's records there is no company by the name of Crossmore which is a holder of any permit or rights

3. Question not applicable, see Question 2 reply.

4. Question not applicable, see Question 2 reply.

31 December 2008 - Questions: Minister of Mineral and Energy

MPs to ask the Minister of Minerals and Energy

Source
Link

Reply:

Question no. 376

QUESTION PAPER DATE: FRIDAY, 07 March 2008

376: Adv H C Schmidt (DA) to ask the Minister of Minerals and Energy:

(1) Between 1 May 2004 and 29 February 2008 the Department received 8196 prospecting rights (ii) mining rights-1359,(iii) mining permits-4244, (iv) (aa) the period for conversion of prospecting rights expired in April 2006, a total of 378 conversions were received.(bb) mining rights conversions -549

(1) (b) (i) and (ii) A total of 504 appeals were received during the aforementioned period. What is however important to note at this stage, is that the majority of so-called appeals received by the Department, has been processed in terms of section103(4)(b) of the MPRDA, as it relates to Ministerial decisions taken under delegated authority, which as a result rendered an appeal in terms of section 96 of the Act, incompetent.

The remainder of the appeals were either withdrawn (38), suspended pending litigation (32) or negotiations (48) or still pending (315).

2. (i) The department has not identified quality of decisions as a cause for settlement with parties, settlement is as per agreement between the Applicants and the Department, thus meaning that the matters were in effect settled between the parties.

(ii) As referred in 2(i) majority of matters not opposed is because of the agreements between the parties.

Question no. 1219

QUESTION PAPER DATE: FRIDAY, 01 August 2008

1219: Adv H C Schmidt (DA) to ask the Minister of Minerals and Energy:

With reference to her reply to Question 653 on 17 July 2008, how many applications for (a) prospecting rights, (b) mining (i) rights and (ii) permits and (c) conversions of (i) prospecting and (ii) mining rights did her department return to the applicants after acceptance of the application for purposes of further details and/or information and/or completion submitted in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002?

The Department does not return applications to applicants after acceptance, applications are only returned to applicants if they were rejected. After acceptance the department as stipulated in the Act, have to inform the applicant of such acceptance and request the applicant to consult with interested and affected parties and submit the results of such consultation and to submit an Environmental Management Plan/Programme within the specified time frames. Therefore the Department request information on all the accepted applications.

Question no. 1220

QUESTION PAPER DATE: FRIDAY, 01 August 2008

1220Adv H C Schmidt (DA) to ask the Minister of Minerals and Energy:

With reference to her reply to Question 653 on 17 July 2008, and the fact that no mining right conversions were refused, on what grounds were the judicial reviews instituted against her department based on applications for mining rights submitted in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002?

The grounds on which the judicial reviews were instituted in respect of conversion applications referred to in the reply to question 653 did not concern the merits of the applications per se. In two of the judicial review proceedings, the parties held different views on the interpretation of the time period for the lodgement of conversion of prospecting right application as per the transitional provisions of the MPRDA. The Court ruled in favour of the interpretation of the applicant. The third review which is still pending, essentially relates to a dispute between two parties, which arose subsequent to the granting of a conversion application to the Respondent in this matter. The Department has no material interest in the outcome of the review proceedings.

Question no.551

QUESTION PAPER DATE: FRIDAY, 28March 2008

551: Mr. W D Spies (FF Plus) to ask the Minister of Minerals and Energy:

Whether an increase in electricity tariffs will also come into force on 1 April 2008 for neighboring countries to which South Africa supplies electricity; if not, why not; if so, what is the (a) current tariff and (b) percentage increase for (i) Namibia, (ii) Botswana, (iii) Mozambique, (iv) Lesotho, (v) Swaziland

RESPONSE:

The electricity tariffs to neighbouring utilities escalate at the agreed rates in their supply agreements. In most cases this escalation is equal to or higher than the NERSA approved escalation and comes into effect from 1 April each year. In some instances however agreements allow escalation linked to other indices such as PPI and escalation dates of 1 January each year.

The specific detail requested per country is confidential information and therefore cannot be disclosed publicly. Should the Honourable Member require further clarity in this regard, he is welcome to contact the Honourable Minister of Minerals and Energy.

Question no.588

QUESTION PAPER DATE: FRIDAY, 28 March 2008

588: Mr. M Waters (DA) to ask the Minister of Minerals and Energy:

(1) What are the co-ordinates with regard to the mining rights on a certain farm in the Kempton Park area (Witfontein )R/33/151R

whether there are any restrictions which prohibit any mining from taking place near residential dwellings; if not, why not; if so, (a) what are the relevant details and (b) up to what distance from residential dwellings can mining take place?

REPLY:

Co ordinates on the remainder of the farm Witfontein No 15IR, wherein a mining permit has been issued.

DATUM: WGS 84

LO-Y	LO-X
70766.789	2883463.934
70676.433	2883953.612
70691.011	2884122.129
70780.737	2884125.445
70766.789	2883963.934

2(a) Yes, Section 48(1) of the MPRDA, restricts mining or prospecting in respect of land comprising a residential area, however Section 48(2) provides powers to the Minister to issue a right in respect of land mentioned above, if the Minister is satisfied that-

Having regard to the sustainable development of the mineral resources involved and national interest, it is desirable to issue it.

The right/permit will take place within the framework of national environmental management policies, norms and standards.

(b) Regulation 17(6)of Mine Health and Safety Act, provides that no mining operations are carried out under or within a horizontal distances of 100 metres from buildings, roads, railways, reserves, mine boundaries, any structure whatsoever.

Question no.551

QUESTION PAPER DATE: FRIDAY, 28March 2008

551: Mr. W D Spies (FF Plus) to ask the Minister of Minerals and Energy:

RESPONSE:

QUESTION NUMBER 1189

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 SEPTEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 16)

Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

REPLY

(b) End of September, 2009.

(ii) Not applicable

(d) The report is commissioned at a total cost of R 3,659,172.00.

Question No. 1515

NATIONAL ASSEMBLY INTERNAL QUESTION PAPER

QUESTIONS FOR WRITTEN REPLY

Response by Hon. Buyelwa Sonjica. Minister of Minerals and Energy. To Adv HC Schmidt's

Parliamentarv Question No. 1515

A. Question:

Following recent allegations that PetroSA signed oil deals with associates of Mugabe,(sic) whether the Minister can indicate (a) when was the deal between Middle East South Africa Energy (MESA) and PetroSA entered into; (b) what the specific terms 0 the deal were; if not, why not; if so, what are the relevant details in each case; (c) whether PetroSA was aware of the UN Final Report by the Panel of Experts on the Illegal Exploration of Natural Resources and other forms of Wealth of the Democratic Republic of the Congo; if not, why not?

B. Response:

a) The agreement was signed by both parties on 17 June 2004 – effective for two years, commencing on 1 August 2004.

b) The agreement stipulates that MESA will supply condensate as a feedstock for the Mossel Bay Refinery at price that are dependent on the grade of condensate that would have been supplied to PetroSA.

BACKGROUND

After the aforesaid condensate deal, MESA subsequently successfully bid for other spot deals for Reformate, amongst others, all of which had nothing to do with DRC.

Recent News

On 24th August 2008 the Sunday Times newspaper published a story in its business section that insinuates that PetroSA knowingly "dished out oil deals" to a consortium partly owned by foreign businessmen accused of being fronts for Zimbabwean President Robert Mugabe.

PetroSA then placed it on record that in 2004 they concluded a tender wherein MESA Energy, a majority-owned South African company, was contracted to supply them with gas condensate. At the time three separate South African companies owned 51% of MESA. A Mauritian-registered company Pegasus Energy (Ltd) owned the remaining 49%.

A forensic audit to verify the legal and BEE status of MESA was conducted in accordance with PetroSA's policies. The decision to award MESA Energy this highly competitive tender, was based on PetroSA's stringent selection criteria, which considered factors such as pricing, BEE participation levels, and the ability to introduce various condensate grades.

It is also true that in January 2008, PetroSA purchased a spot cargo of Reformate from MESA.

Throughout these transactions PetroSA has conducted itself with professional integrity, putting at the forefront the best interests of South Africa. At no time before or after the two deals, was PetroSA ever informed of any allegations of impropriety concerning MESA or any of its partners.

It is therefore mischievous of the Sunday Times to insinuate that PetroSA knowingly conducted business in defiance of United Nations resolutions or sanctions. A fact is that PetroSA, in good faith, concluded two deals with .

Mesa Energy. Both deals were conducted in full compliance with PetroSA's internal processes which are aligned with PFMA Act.

Possible link between the "UN Final Report by the Panel of Experts on the illegal Exploration of Natural Resources and other forms of Wealth of the Democratic Republic of the Congo" and MESA http://www .natural-resources.ora/minerals/law/docs/pdf/ N0262179.pd

Among the Government departments interviewed by the Panel of Experts was the Department of Minerals and Energy of South Africa (p.54 of the UN Final Report). However, no names of officials interviewed were provided.

The central focus of the Panel's work was gathering information about politically and economically powerful groups involved in the exploitation activities / illegal exploration of natural resources and other forms of wealth of the Democratic Republic of the Congo (DRC), which are often highly criminalized. The UN Report's main focus is on the micro conflicts that have been provoked by the DRC civil war that have resulted in some groups, politically connected persons and high-ranking government officials from states involved in the conflict criminally exploiting the situation for self enrichment.

The report then goes further to explain the modus operandi of the said groups but has no specific mention of MESA Energy.

The person posing the questions seems to be of the opinion that there is a link between MESA (shareholders or individuals within MESA) and the entities alleged to be involved in the illegal dealings in DRC (from a Zimbabwe front) as shown in the extracts of the Report below. Unfortunately, a detailed investigation could not be conducted to prove beyond reasonable doubt that there is no such link.

Extracts from the Report that could be relevant to the questions posed are as follows:

"12. The regional conflict that drew the armies of seven African States into the Democratic Republic of the Congo has diminished in intensity, but the overlapping micro conflicts that it provoked continue. These conflicts are fought over minerals, farm produce, land and even tax revenues. Criminal groups linked to the armies of Rwanda, Uganda and Zimbabwe and the Government of the Democratic Republic of the Congo have benefited from the micro conflicts. Those groups will not disband voluntarily even as the foreign military forces continue their withdrawals. They have built up a self-financing war economy centred on mineral exploitation.

13. Facilitated by South Africa and Angola, the Pretoria and Luanda Agreements have prompted the recent troop withdrawals from the eastern Democratic Republic of the Congo. Welcome as they may be, these withdrawals are unlikely to alter the determination of Rwanda and Zimbabwe, and Ugandan individuals, to exercise economic control over portions of the Democratic Republic of the Congo. The departure of their forces will do little to reduce economic control, or the means of achieving it, since the use of national armies is only one among many means for exercising it. All three countries have anticipated the day when pressure from the international community would make it impossible to maintain large forces in the Democratic Republic of the Congo. The Governments of Rwanda and Zimbabwe, as well as powerful individuals in Uganda, have adopted other strategies for maintaining the mechanisms for revenue generation, many of which involve criminal activities, once their troops have departed.

17. Although troops of the Zimbabwe Defence Forces have been a major guarantor of the security of the Government of the Democratic Republic of the Congo against regional rivals, its senior officers have enriched themselves from the country's mineral assets under the pretext of arrangements set up to repay Zimbabwe for military services. Now ZDF is establishing new companies and contractual arrangements to defend its economic interests in the longer term should there be a complete withdrawal of ZDF troops. New trade and service agreements were signed between the Democratic Republic of the Congo and Zimbabwe just prior to the announced withdrawal of ZDF troops from the diamond centre of Mbuji Mayi late in August 2002.

18. Towards the end of its mandate, the Panel received a copy of a memorandum dated August 2002 from the Defence Minister, Sidney Sekeramayi, to President Robert Mugabe, proposing that a joint Zimbabwe-Democratic Republic of the Congo company be set up in Mauritius to disguise the continuing economic interests of ZDF in the Democratic Republic of the Congo. The memorandum states: "Your Excellency would be aware of the wave of negative publicity and criticism that the DRC-Zimbabwe joint ventures have attracted, which tends to inform the current United Nations Panel investigations into our commercial activities." It also refers to plans to set up a private Zimbabwean military company to guard Zimbabwe's economic investments in the Democratic Republic of the Congo after the planned withdrawal of ZDF troops. It states that this company was formed to operate alongside a new military company owned by the Democratic Republic of the Congo.

19. At the same time, local militias and local politicians have supplemented the role that State armies previously played in ensuring access to and control of valuable resources and diverting State revenue. The 'looting that was previously conducted by the armies themselves has been replaced with organized systems of embezzlement, tax fraud, extortion, the use of stock options as kickbacks and diversion of State funds conducted by groups that closely resemble criminal organizations.

20. Such activities have become increasingly prominent in the techniques of exploitation in the Democratic Republic of the Congo. The Panel has identified three distinct groups engaged in activities in three different areas and refers to them as elite networks. These elite networks have control over a range of commercial activities involving the exploitation of natural resources, diversion of taxes and other revenue generation activities in the three separate areas controlled by the Government of the' Democratic Republic of the Congo, Rwanda and Uganda, respectively."

22. The elite network of Congolese and Zimbabwean political, military and commercial interests seeks to maintain its grip on the main mineral resources - diamonds, cobalt, copper, germanium - of the Government-controlled area. This network has transferred ownership of at least US$ 5 billion of assets from the State mining sector to private companies under its control in the past three years with no compensation or benefit for the State treasury of the Democratic Republic of the Congo.

23. This network benefits from instability in the Democratic Republic of the Congo. Its representatives in the Kinshasa Government and the Zimbabwe Defence Forces have fuelled instability by supporting armed groups opposing Rwanda and Burundi.

24. Even if present moves towards peace lead to a complete withdrawal of Zimbabwean forces, the network's grip on the richest mineral assets of the Democratic Republic of the Congo and related businesses will remain.

Zimbabwe's political-military elite signed six major trade and service agreements in August 2002 with the Government of the Democratic Republic of the Congo. Reliable sources have told the Panel about plans to set up new holding companies to disguise the continuing ZDF commercial operations in the Democratic Republic of the Congo and a ZDF-controlled private military company to be deployed in the country to guard those assets

27. The key strategist for the Zimbabwean branch of the elite network is the Speaker of the Parliament and former National Security Minister, Emmerson Dambudzo Mnangagwa. Mr. Mnangagwa has won strong support from senior military and intelligence officers for an aggressive policy in the Democratic Republic of the Congo. His key ally is a Commander of ZDF and Executive Chairman of COSLEG, General Vitalis Musunga Gava Zvinavashe. The General and his family have been involved in diamond trading and supply contracts in the Democratic Republic of the Congo. A long-time ally of President Mugabe, Air Marshal Perence Shiri, has been involved in military procurement and organizing air support for the pro- Kinshasa armed groups fighting in the eastern Democratic Republic of the Congo. He is also part of the inner circle of ZDF diamond traders who have turned Harare into a significant illicit diamond-trading centre.

28. Other prominent Zimbabwean members of the network include Brigadier General Sibusiso Busi Moyo, who is Director General of COSLEG. Brigadier Moyo advised both Tremalt and Oryx Natural Resources, which represented covert Zimbabwean military financial interests in negotiations with State mining companies of the Democratic Republic of the Congo. Air Commodore Mike Tichafa Karakadzai is Deputy Secretary of COSLEG, directing policy and procurement. He played a key role in arranging the Tremalt cobalt and copper deal. Colonel Simpson Sikhulile Nyathi is Director of defence policy for COSLEG. The Minister of Defence and former Security Minister, Sidney Sekeramayi, coordinates with the military leadership and is a shareholder in COSLEG. The Panel has a copy of a letter from Mr. Sekeramayi thanking the Chief Executive of Oryx Natural Resources, Thamer Bin Said Ahmed AIShanfari, for his material and moral support during the parliamentary elections of 2000. Such contributions violate Zimbabwean law.

29. In June 2002, the Panel learned of a secret new ZDF diamond mining operation in Kalobo in Kasai Occidental run by Dube Associates. This company is linked, according to banking documents, through Colonel Tshinga Dube of Zimbabwe Defence Industries to the Ukrainian diamond and arms dealer Leonid Minim, who currently faces smuggling charges in Italy. The diamond mining operations have been conducted in great secrecy.

31. The techniques used by Mr. Forrest have since been replicated by Zimbabwean-backed entrepreneurs John Arnold Bredenkamp and Mr. AIShanfari. Mr. Bredenkamp, who has an estimated personal net worth of over $500 million, is experienced in setting up clandestine companies and sanctions-busting operations. Mr. AI-Shanfari has gained privileged access to the Government of the Democratic Republic of the Congo and its diamond concessions in exchange for raising capital from some powerful entrepreneurs in the Gulf such as Issa a/-Kawari who manages the fortune of the deposed Amir of Qatar. Also working with ZDF is a convicted criminal based in South Africa, Nico Shefer, who has arranged for Zimbabwean officers to be trained in diamond valuation in Johannesburg. Mr. Shefer's company, Tandan Holdings, has a 50 per cent stake in Thorntree Industries, a joint venture diamond-trading company with ZDF.

32. Zimbabwean Billy Rautenbach headed a joint venture cobalt-mining company and was Chief Executive of Gecamines from November 1998 to March 2000. Although stripped of his cobalt concessions in Katanga, Mr. Rautenbach told the Panel that the Government of the Democratic Republic of the Congo had offered his company, Ridgepointe International, mining rights to Gecamines concessions at Shinkolobwe, which include substantial deposits of uranium, copper and cobalt. Mr. Rautenbach's representatives said that any new agreement would be subject to the new mining code of the Democratic Republic of the Congo and any uranium mining operations would be open to inspections by the International Atomic Energy

QUESTION NO: 1539

NATIONAL ASSEMBLYINTERNAL QUESTION PAPER

QUESTIONS FOR WRITTEN REPLY

1539. Mr LW (I D) to ask the Minister of Minerals and Energy:

(1) Whether public participation processeswere conducted regarding the Government's decision to build new nuclear power plant stations; if not, why not if so, how many submissions were received from public;

(2) Whether her department has considered the submissions; if not, whynot; if so, what are relevant details?

RESPONSES:

(1) No, this is OPE and DEAT's responsibility.

QUESTION 1544

NATIONAL ASSEMBLY INTERNAL QUESTION PAPER

QUESTIONS FOR WRITTEN REPLY

1544. Mr L W Greyling (ID) to ask the Minister of Minerals and Energy:

(1) Whether her department is currently running a wind source atlas programme if so (a) when did the programme start and (b) when will a comprehensive wind atlas be available to the public'

(2) Whether there have been any delays in the programme; if so what were the reasons for the delays?

Response:

1 (a) Yes, the programme started in May 2008

(b) The 1stiteration of the wind atlas, covering coastal areas of the Northern Western and Eastern provinces is planned for November 2009. The final comprehensive version (reports, facts sheets, web site, and database) of the atlas is planned for the 3rdquarter of 2012.

2. No delays

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