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02 December 2022 - NW4321

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Msimang, Prof CT to ask the Minister of Mineral Resources and Energy

Considering that his department spent R500 000 on a report that recommended that the national nuclear regulator be removed from his department and placed within the former department of environmental affairs, and noting the significant amount spent on the specified report and its findings, (a) what are the reasons that the nuclear regulator remains within his department and (b) by what date will it be (i) moved to the Department of Forestry, Fisheries and the Environment and/or (ii) constituted as an independent agency within the Government?

Reply:

The National Nuclear Regulator (NNR) was established as an independent Regulator through the National Nuclear Regulator Act 47 of 1999 (the NNR Act). This had evolved from Council for Nuclear Safety (CNS) that was housed within the then Atomic Energy Corporation (AEC), currently the South African Nuclear Energy Corporation (Necsa). The NNR plays a central role in ensuring safety in the use and handling of most “radioactive materials”, as defined in the NNR Act. In terms of section 8(1) of the NNR Act, the NNR is “governed and controlled” by its Board. The powers of the Board are extensive and it is placed at the centre of the most important decision-making functions of the NNR; and must direct and control the functions and operations of the NNR.

a) Following the International Atomic Energy Agency’s Integrated Nuclear Infrastructure Review Mission in South Africa, the then Department of Energy undertook a process of reviewing its legislative framework to strengthen the effective independence of the Regulatory body. In October 2013, the Department commissioned a Feasibility Study at an estimated cost of about R500000 to be in a position to identify and establish where appropriate the following aspects:

  1. Legislation to ensure the effective independence of the National Nuclear Regulator (“NNR”) by ascertaining the best practice (through benchmarking) in enhancing the effective independence.
  2. The appropriate body in Government to which the NNR should be reporting; and
  3. The impact of moving the NNR to such a body.

The Feasibility Study indicated that thirty-one (31) countries operating nuclear power stations and international trends reveal that these countries’ nuclear safety regulators can be an integral part of the State’s governmental bureaucracy or in contrast, can be totally independent. These countries address the “effective independence” of their nuclear safety regulators taking into account the nuclear safety regulator’s Administrative Reporting Mechanisms, Funding Model and Regulatory Enforcement Measure. Taking these factors into account, proposed amendments to the NNR Act were considered prudent, noting the uniqueness of the nuclear industry, and required capacity within the appropriate Department.

(b)

(i) There is no date for any movement. The issue of effective independence of the regulator is being addressed through the strengthening of the statutory framework to ensure that the decisions of the NNR remain independent, given the existing reporting lines of the regulator. The NNR thus remains effectively independent and the perception that is not is unfounded.

(ii) Further amendments to the NNR Act have been proposed, amongst others, to strengthen the independence of the NNR, in particular removing any internal appeal to the Minister of Mineral Resources and Energy on decisions of the NNR. These amendments will be facilitated through the legislative process.

02 December 2022 - NW4584

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Langa, Mr TM to ask the Minister of Mineral Resources and Energy

Whether he has been informed that Sasol has been trying to sell Natref; if not, what is the position in this regard; if so, is the Central Energy Fund as it is the main entity on energy involved in this?

Reply:

The Department has not received any communication regarding the matter under question, we therefore cannot comment on Sasol’s intention to sell its stake at Natref.

02 December 2022 - NW4583

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Langa, Mr TM to ask the Minister of Mineral Resources and Energy

What are the reasons that (a)(i) Engen and (ii) Sapref are issued a licence to import fuels when they are no longer manufacturing and/or refining and (b) the Government on its own capacity cannot take over?

Reply:

a) In terms of guidelines governing the import and export of crude oil, petroleum products and blending components every licensed manufacturer and wholesalers are allowed to import and export petroleum products.

South Africa is a net importer of petroleum product, meaning that even when these refineries were operating, they were expected to import certain portion of petroleum product.

b) There is nothing stopping state owned companies from importing petroleum products.

02 December 2022 - NW4563

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

Whether he has thought about investing in alternative energy sources like wind, solar energy production and battery storage, especially for government buildings and educational facilities that do not use much electricity, with the intention of feeding leftover energy to the Eskom energy grid; if not, why not; if so, what are the relevant details?

Reply:

The Department of Mineral Resources and Energy is investing in energy efficiency in public buildings and infrastructure, and this covers high-energy efficient lights, heating, ventilation and cooling systems, and alternative energy such as hydrogen fuel cells. The energy efficiency measures are being implemented in various buildings of the municipalities, provincial and State-Owned Buildings with projects underway at the Lahae La SARS 9n Brooklyn, Tshwane Market, and in 45 municipalities. These energy efficiency measures are meant to reduce energy demand, thus ensure more energy is available for the productive sectors of our economy. We do also encourage all consumers of electricity to reduce consumption where possible as the first fuel before embarking on other interventions.

 

25 November 2022 - NW3739

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

Given that more than a month has passed since the Jagersfontein tragedy, during which the lives of residents were abruptly destroyed, and that his department chose not to challenge a court ruling that transferred responsibility for tailing dams to the Department of Water Affairs and Sanitation, despite the fact that such dams had mining-related activities and consequences, what (a) are the reasons that his department did not challenge the ruling and (b) steps has he taken to address the issue in light of the negative effects of its previous inaction?

Reply:

The Minister took Office in 2018, almost 11 years after the Free State High Court pronounced that his department cannot exercise jurisdiction under the MPRDA in relation to the tailings dumps in question.  Given the lapse of time the Department had attempted to remedy the situation through an amendment which was adopted in 2013, however the Bill lapsed with the end of term of the administration. The Department has resuscitated the amendment of the MPRDA to include tailing dams and an Amendment Bill will be submitted to the Legislature in due course.

25 November 2022 - NW4405

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Spies, Ms ERJ to ask the Minister of Mineral Resources and Energy

What is the (a) total number of staff employed and/or provided as departmental support in (i) his and (ii) the Deputy Minister’s private offices and (b)(i) job title and (ii) annual remuneration package of each specified person?

Reply:

a) i               17

ii              8

b) i & ii      see below spreadsheet.

COMPONENT DESCRIPTION

JOB TITLE DESCRIPTION

SALARY LEVEL

Total Package

OFFICE OF THE MINISTER

SPECIAL ADVISER TO THE MINISTER

16

R1 739 784.00

OFFICE OF THE MINISTER

SPECIAL ADVISER TO THE MINISTER

16

R1 054 311.00

OFFICE OF THE MINISTER

 

DOMESTIC WORKER

3

R170 474,58

OFFICE OF THE MINISTER

 

DOMESTIC WORKER

3

R170 474,58

OFFICE OF THE MINISTER

DRIVER/MESSENGER (MINISTERIAL & PARLIAMENTARY SER.

5

R241 544,70

OFFICE OF THE MINISTER

 

REGISTRY CLERK

7

R421 809,30

OFFICE OF THE MINISTER

SECRETARY/RECEPTIONIST (PTA)(MINISTERIAL & PARL.S)

6

R290 046,81

OFFICE OF THE MINISTER

SECRETARY/RECEPTIONIST (CT)(MINISTERIAL & PARL.S)

7

R385 752,27

OFFICE OF THE MINISTER

ASSISTANT APPOINT.& ADMIN.SEC (MIN & PARL.SERV)

9

R523 675,65

OFFICE OF THE MINISTER

ADMIN. SECRETARY (MINISTERIAL AND PARLIAMENTARY SE

11

R744255.00

OFFICE OF THE MINISTER

COMMUNITY OUTREACH PROGRAMS

11

R744255.00

OFFICE OF THE MINISTER

 

EXECUTIVE ASSISTANT

11

R744255.00

OFFICE OF THE MINISTER

CABINET&PARLIAMENTARY OFFICER (MINISTERIAL&PARL.S)

11

R744255.00

OFFICE OF THE MINISTER

PARLIAMENTARY AND CABINET SUPPORT

12

R882042.00

COMPONENT DESCRIPTION

JOB TITLE DESCRIPTION

SALARY LEVEL

Total Package

OFFICE OF THE MINISTER

PRIVATE SECRETARY (MINISTERIAL & PARL.SERV.)

12

R882042.00

OFFICE OF THE MINISTER

CHIEF OF STAFF: MINISTERIAL AND PARLIAMENTARY SERV

14

R1 269 951

OFFICE OF THE MINISTER

MEDIA LIAISON OFFICER (MINISTERIAL & PARL.SERVICE)

11

R744255.00

OFFICE OF THE DEPUTY MINISTER: DMRE

DOMESTIC WORKER

3

R170 474,58

OFFICE OF THE DEPUTY MINISTER:

DOMESTIC WORKER

3

R170 474,58

OFFICE OF THE DEPUTY MINISTER: DMRE

DRIVER/MESSENGER (MINISTERIAL & PARLIAMENTARY SER.

4

R202 018,83

OFFICE OF THE DEPUTY MINISTER: DMRE

SECRETARY/RECEPTIONIST (MINISTERIAL & PARL.S)

5

R241 544,70

OFFICE OF THE DEPUTY MINISTER: DMRE

REGISTRY CLERK (OFFICE OF THE DM)

7

R380 055,81

OFFICE OF THE DEPUTY MINISTER: DMRE

PRIVATE SECRETARY (MINISTERIAL & PARL.SERV.)

12

R882042.00

OFFICE OF THE DEPUTY MINISTER: DMRE

COMMUNITY OUTREACH OFFICER

11

R744255.00

OFFICE OF THE DEPUTY MINISTER: DMRE

PARLIAMENTARY & CABINET COORD.

11

R744255.00

25 November 2022 - NW4156

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

(1)With reference to the complaints of dust pollution in the town Koingnaas in the Kamiesberg municipal area due to the dried-out tailings dams, what mining company will be responsible for rehabilitation now that West Coast Resources are in business rescue; (2) whether his department has done an impact study to establish the impact of the dust pollution on residents; if not, why not; if so, what are the relevant details; (3) whether his department intends to enforce rehabilitation; if not, what is the position in this regard; if so, by what date will his department render assistance in this regard; (4) whether any mining rehabilitation has been done in the Kamiesberg area; if not, why not; if, so, (a) where and (b) by what company? NW5221E

Reply:

(1) The Mining right is still active; therefore, West Coast Resources will still be liable and expected to carry-out the rehabilitation and environmental monitoring. In this case, part of the responsibility of the Business Rescue Practitioner will be handling the environmental obligation management as required by the National Environmental Management Act, (No.107 of 1998) (as amended).

(2) The inspection was conducted by the Department and Department Agri, Env Affairs, Rural Dev Land reform on the 02 August 2022 to assess the concern raised. The outcome of the inspection was that the mining operation had ceased and no activity was observed onsite.

The site visit was undertaken during the of windy season of the year and still none dust emission were observed. Normally Department would request dust monitoring to commence in case there is extreme dust emission within a timeframe of 3 months from the date the notice is issued and the submission of a Dust Management Plan for approval and implementation.

(3) The Mining Right is still active, the department has already enforced the obligation by the Right Holder to undertake the rehabilitation process and these proved to have been done and continuing.

(4) (a) mining area in Kamiesberg area. (b) The rehabilitation process has been undertaken by West Coast Resources (right holder).

 

25 November 2022 - NW3673

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

(1)What are the reasons that his department did not use the same energy it is using on the Shell Wild Coast matter and lodge as many appeals as possible having understood the complexities and possible dangers associated with mining tailing dumps; (2) whether he has found that the Jagersfontein incident could have been avoided had his department taken heed of the cries of the community in relation to the activities occurring in the mine and appealed the court’s ruling; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The Minister took Office in 2018, almost 11 years after the Free State High Court pronounced that his department cannot exercise jurisdiction under the MPRDA in relation to the tailings dumps in question.  Given the lapse of time and considering that the ruling prompted the legislature to consider amending the MPRDA to remedy the legislative lacuna as far back as 2013 when it adopted the MPRDA Amendment Bill of 2013, there are at this stage no prospects of successfully appealing the judgment.

18 November 2022 - NW4072

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy

(a) What amount of strategic fuel stock is currently held by (i) his department and/or (ii) private entities, (b) in what form is the stock held and (c) what actions have been taken and/or contemplated to ensure that a security of supply of refined petroleum products is sufficient to meet the demand of the market in the Republic as it is experiencing a perfect storm with regard to refined petroleum products, arising from inadequate port infrastructure, ongoing strike action and labour issues in the ports, failure to have any kind of strategic reserve of refined products and a shortage of refining capacity due to the closure of various refineries?

Reply:

a) The Strategic Fuel Fund (SFF) until recently held (i) 10, 023 million barrels (Ten Million and 23 Thousand barrels) of strategic stocks on behalf of the state.

The current stock is down by approximately 0,3 million barrels ( 300, 000 barrels). Approximately 300 000 barrels was recently sold to Total-energies for processing at the Natref refinery. The sale followed a force majeure that had been declared by the Nigerian supplier to Total-energies.

(ii) Private entities keep commercial stock to cater for their share of the petroleum market.

b) The stock held by SFF is in crude oil form

c) SFF is implementing a strategy of developing and accessing infrastructure at import terminals and primary depots closer to the market. This will allow SFF to respond to Security of Supply disruptions and ensure availability of emergency stock of finished products. SFF has purchased a primary depot in Cape Townthat will provide open access to third parties to store their fuels. This will ensure that there is diversity of suppliers in the market place and therefore minimise supply risk.

18 November 2022 - NW3852

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Siwisa, Ms AM to ask the Minister of Mineral Resources and Energy

Considering that mining companies are demolishing houses in Merafong City Local Municipality instead of donating such houses to the community, due to the shortage of residential availability, what are the reasons that he is allowing this to happen instead of donating houses to the Department of Human Settlements in order to deal with the shortage of houses?

Reply:

Sibanye Stillwater has a mining right for Driefontein operations which is located within the Merafong Local Municipal jurisdiction. The mine has four (4) mining villages under this mining right namely; Letsatsing, Phomolong, East village and West village. These villages comprise of approximately 1 367 housing units collectively currently occupied by the mine employees. The mine is currently negotiating with the Merafong Local Municipality (“MCLM”) to donate its mining village’s under Driefontein operations to the Municipality. These villages are earmarked for demolishing if they are not taken over by the local authority and be incorporated into the municipality’s Spatial Development Framework (SDF) and formalised.

The mine has only demolished houses it deems to be posing serious danger to locals as these houses may be unsafe for occupation and or may harbour criminals and criminal activities. These are mostly houses that have been vandalised and or illegally occupied by amongst others illegal miners.

11 November 2022 - NW3374

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Matumba, Mr A to ask the Minister of Mineral Resources and Energy

Whether any measures have been put in place for the nationalisation of mines; if not, why not; if so, what are the relevant details?

Reply:

There are no measures in place to nationalize mines because it is not a government policy.

11 November 2022 - NW4111

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Montwedi, Mr Mk to ask the Minister of Mineral Resources and Energy

(1)Noting how contractors appointed by different mines continue to exploit workers, (a) which measures of intervention have been put in place to ensure that workers are not exploited by contractors, (b) by what date will workers be employed directly by the mines and not through contractors and (c) what (i) total number of workers have been employed through contractors in all the mining houses and (ii) is the percentage of workers employed through contractors versus those employed directly by mines; (2) whether he has found that mining contractors pay their workers the minimum wage as set out by the Department of Employment and Labour; if not, what is the position in this regard; if so, what are the relevant details? NW5123E

Reply:

The matter is not within the mandate of the Department of Mineral Resources and Energy as it is an operational matter which should be responded to by the mine owners.

11 November 2022 - NW3948

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

(1)(a) What are the names of all the mining companies that mined in the Koingnaas mining area in the Kamiesberg Local Municipality after De Beers stopped mining, (b) who are/were their shareholders/directors and (c) what (i)amount was set aside for rehabilitation by each mining company and (ii) did each mining company contribute towards the municipality and communities; (2) whether he will furnish Mrs V van Dyk with the social labour plan of each of the (a) operational and (b) nonoperational mining companies over the past five years, specifically towards infrastructure; if not, why not; if so, what are the relevant details?

Reply:

1(a) West coast resources (Pty) Ltd

(b) West Coast Resources (Pty) Ltd is owned 67.2% by Trans Diamante Ltd a subsidiary of Trans Hex group Ltd, 4% is held by Namaqualand Diamond Fund Trust, 8.8% is held by Dininoka Investment Holdings and 20% is held Main Street (State SPV). Historically Disadvantaged South Africans holds 41.61% shares of the 67.2% shares in the Trans Hex group shares.

(c)(i) R125 386 427. 00

(ii) Yes, through the Local Economic Development programme

(2) Yes, through application for Access to Information.

11 November 2022 - NW3947

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

(1)(a) What are the names of all the mining companies that have been involved in the Kamiesberg Local Municipality area in the past five financial years, (b) what are the names of the shareholders and/or directors of the companies, (c) how long has each company been mining in the Kamiesberg, (d) what does each company mine, (e) where is the mine and (f) what amount was set aside by each mining company for rehabilitation; (2) whether the Government and/or any government officials have any shares in any of the specified mining companies; if not, what is the position in this regard; if so, what is the (a) name of the company and (b) shareholding percentage; (3) whether all of the mines have a social labour plan; if not, what is the position in this regard; if so, will he furnish Mrs V van Dyk with a copy of the specified plan?

Reply:

1(a) West Coast Resources.

(b) West Coast Resources (Pty) Ltd is owned 67.2% by Trans Diamante Ltd a subsidiary of Trans Hex group Ltd, 4% is held by Namaqualand Diamond Fund Trust, 8.8% is held by Dininoka Investment Holdings and 20% is held Main Street (State SPV). Historically Disadvantaged South Africans holds 41.61% shares of the 67.2% shares in the Trans Hex group shares.

(c) West Coast Resources has taken over to these rights from DeBeers group since May 2011.

(d) The company is mining for Diamonds

(e) Koingnaas

(f) an amount of R125 386 427. 00 has been set aside

(2)(a) Main Street (State SPV)

(b) 20% shares is held by Main Street (state SPV)

(3) Yes, the mining right in question has a social labour plan in Place.

11 November 2022 - NW3740

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

(1)Whether any officials in his department have been found fostering an environment for illicit mining to prosper; if not, what is the position in this regard; if so, what penalties were they given; (2) whether his department will take charge of restoring regions that have been ravaged by illegal miners; if not, who will restore such regions; if so, what are the relevant details

Reply:

  1. No, no official has been found fostering an environment for illicit mining to prosper.
  2. The Department will continue with rehabilitation of derelict and ownerless mines. It will further continue to promote development in areas ravaged by illegal mining, and mining rights holders to ensure that mines are rehabilitated after closure

11 November 2022 - NW3225

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Pambo, Mr V to ask the Minister of Mineral Resources and Energy

Whether his department has a central database of all (a) active and (b) inactive tailings dams in the Republic; if not, why not; if so, what are the full relevant details of the dams?

Reply:

The Department has central database of active and dormant/ inactive slimes in the Republic of South Africa. There are 150 active and 328 dormant slimes dam, respectively. The total number of slimes dams in the databese is 478.

09 November 2022 - NW3672

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

(1)Noting that the Republic has been facing an energy crisis, frequent load shedding and uncertainty from Eskom and his department as to when the country will reach stability again, what initiatives, outside opening bids for private entities and/or collaborations, have been started by the Government to build the Republic’s green energy industry, (2) whether he has found that the current reliance on Independent Power Producers and opening bids is the Government’s way of shifting some of its responsibilities to services providers and the private sector and thus dismantling the Republic’s sovereignty; if not, what is the position in this regard; if so, what are the further, relevant details?

Reply:

  1. Through the National Energy Crisis Committee (NECOM) established by the President of the Republic, short – medium term initiatives are being pursued to bring online both renewable and non-renewable energy-based power generation technologies. With regard to building “the Republic’s green energy industry”, outside opening bids for private entities and/or collaborations, limits on the maximum power that can be generated and traded through bilateral arrangements without the need to apply for a license from the National Energy Regulator of South Africa are in the process of being removed; and shopping centres, households and mines are now at liberty to generate and sell excess green power from rooftop and/or utility scale PV installations through necessary wheeling arrangements.
  2. Through the national power utility, electricity generation largely remains, and will remain for the foreseeable future, in the hands of government. Therefore, the Government is not shifting some of its responsibilities to services providers and the private sector in a manner that dismantles the Republic’s sovereignty. However, to competitively trade in the global market, South Africa needs to keep pace with global developments such as the liberalisation of the electricity market, that being done without compromising its developmental imperatives. In response to this global trend of market liberalisation, government is facilitating, through a regulated procurement programme, carefully managed participation of Independent Power Producers in the electricity generation space.

09 November 2022 - NW3915

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

(a) What steps will he take with regard to the responses he received to the withdrawal of the Gas Amendment Bill, [B9-2021], on which extensive public hearings across the Republic were held and that now leave many stakeholders like the National Energy Regulator of South Africa in the dark and concerned that the withdrawal has dealt the entity a serious blow and (b) how does he plan to remedy the (i) wasteful spending of public funds on a bill that will never be processed and (ii) legislative shortcomings that the absence of the bill causes for the industry and the Republic?

Reply:

a) The Department has not received any responses to the withdrawal of the Bill.

b) The inputs from public consultations will be used to strengthen and improve on the Bill which will be resubmitted in next financial year.

09 November 2022 - NW3909

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Langa, Mr TM to ask the Minister of Mineral Resources and Energy

What action has he and/or his department taken to stop illegal mining in Burgersfort?

Reply:

The Department and SAPS established a stakeholder forum named “Illegal Mining Forum” in Limpopo Province in 2017 for the purpose of implementing measures to ultimately eradicate illegal mining activities in all the illegal mining hotspots, including Burgersfort.

This forum is assisted by the recently established Essential Infrastructure Task Team, which is a specialised unit within SAPS to deal, amongst others, with illegal mining.

09 November 2022 - NW3783

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Msimang, Prof CT to ask the Minister of Mineral Resources and Energy

With regard to the Samrad system of his department which has not been serviced and has therefore been outdated for years, (a) what are the reasons that there were no plans (i) drawn and (ii) implemented to service and ensure that the system is regularly updated, (b) how does his department intend to mitigate the backlog which the installation of a new system will cause and (c) what is the action plan to counter the specified backlog?

Reply:

a) (i), (ii) Since its inception, the system has been serviced, however challenges were experienced when the service provider who maintained and serviced the system was liquidated in 2016. No updates were made of the system since then.

b) The norm for implementing ICT related projects is to have a detailed project and migration plan which also include risks identification and how the risks will be mitigated during the project tenure.

c) Refer to b above.

09 November 2022 - NW3776

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Montwedi, Mr Mk to ask the Minister of Mineral Resources and Energy

What steps has he taken to (a) address the issue of illegal mining and (b) transform illegal miners into small-scale miners in Witrankie Village in the Moses Kotane Local Municipality?

Reply:

(a) Illegal mining of chrome in Witrankie is one of the Department’s priority areas. In order to address illegal mining in the village, intelligence led operations were conducted with members of the SAPS and the Hawks. As a result of those operations, cases were opened, and arrests made. There are continuous disruptive operations conducted by the Department and SAPS given the extent of illegal mining in the area.

(b) The profile of illegal mining in South Africa is such that it is dominated by illegal immigrants. Illegal miners cannot be transformed into small scale miners. The Department through its Small-scale division only assists potential miners who intend operating within the boundaries of the law.

27 October 2022 - NW3693

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Mthenjane, Mr DF to ask the Minister of Mineral Resources and Energy

What long-term plans have been put in place to combat the challenge of large-scale illegal mining operations in the Republic?

Reply:

The South African Police Service is to launch the Economic Infrastructure Task Team (EITT) whose role will be to address the scourge of crimes within the non-ferrous metals, essential infrastructure, critical infrastructure, extortion, and illegal mining. The Department of Mineral Resources and Energy will work together with the envisaged unit.

25 October 2022 - NW2855

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Tambo, Mr S to ask the Minister of Mineral Resources and Energy.Mr. Jacob MbeleDirector General

Given the Government’s commitment to COP-26 and a so-called just transition from coal to green energy resources, (a) what steps has his department taken to protect jobs in the coal industry and (b) how does his department rationalise moving away from coal as an energy resource amidst the increased importance of coal in nations such as China?

Reply:

a) The department is initiating social dialogue with other spheres of government, labour, business, employers, workers, communities, and historically marginalised people to solicit their views in the design of a plan to protect jobs as we transition.

b) The Integrated Resource Plan (IRP2019) continues to provide a balanced policy mix of coal, renewables, gas, hydro and nuclear as part of our transition from high emitting to low emitting energy sources.

25 October 2022 - NW3096

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Tito, Ms LF to ask the Minister of Mineral Resources and Energy

What action has been taken against Sasol Secunda in (a) Mpumalanga and (b) the Free State, as the specified company continues to fail at meeting emission standards in the specified areas?

Reply:

The Department of Environment, Forestry and Fisheries (DEFF) is better placed to respond to this question, as it is the competent authority that regulates emission standards as well as activities which result in atmospheric emissions.

14 October 2022 - NW2632

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy

With reference to the measures announced by the President of the Republic, Mr M C Ramaphosa in his Energy Response Plan, which include enabling Eskom to procure power from existing power generators with installed solar panels, what (a) progress has his department and Eskom made to ensure that the process to grant the necessary approvals and waivers is simplified to enable procurement from power generators and (b) number of approvals and waivers have been granted to date?

Reply:

Eskom has applied to procure from existing generators on a Standard Offer basis. The DMRE has processed the request and it is currently receiving NERSA’s attention for concurrence.

13 October 2022 - NW2545

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Langa, Mr TM to ask the Minister of Mineral Resources and Energy

What specific measures does he have in place to address the issue of rising fuel prices in the Republic?

Reply:

Government was able to cushion the consumers at the height of these increases by selling strategic crude reserves as well as foregoing some revenue. In addition a 10 cent demand side management levy was removed for inland provinces.

07 October 2022 - NW3379

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Msimang, Prof CT to ask the Minister of Mineral Resources and Energy

(1)What are reasons for the mine slimes dam burst in Jagersfontein; (2) whether it has been found that the burst was an accident and/or a result of negligence; if not, what is the position in this regard; if so, what are the relevant details; (3) whether negligence was found to have contributed to the burst; if not, what is the position in this regard; if so, (a) on whose part was negligence found and (b) what has been done to hold responsible persons accountable?

Reply:

(1) The Department does not have the authority to regulate the processing of residue deposits at the Jagersfontein dam and thus cannot investigate the cause of the accident. This is as a result of the De Beers court judgment over Jagersfontein mine residue deposits (De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd & others, case no. 3215/06, Free State Provincial Division, 13 December 2007).

(2) Department of Mineral Resources and Energy will not be in a position to provide response on the matter which should be responded to by the Departments of Labour, Forestry, Fisheries, Environmental Affairs, and Water and Sanitation since they have a regulatory jurisdiction over certain of the operations of Jagersfontein Developments (PTY) Ltd.

(3) Please refer to (1)

 

30 September 2022 - NW3292

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Msimang, Prof CT to ask the Minister of Mineral Resources and Energy

In view of the burst in the Jagersfontein tailings dam on 11 September 2022, the Merriespruit tailings dam disaster in 1994 and the Bafokeng tailings dam failure in 1974, what regulatory oversight and enforcement measures are in place for (a) major and smaller mining companies and (b) retreat operations with regard to the maintenance and monitoring of tailings dams?

Reply:

The Department enforces compliance in the mining sector through the following legislation:

a) Mine Health and Safety Act, 1996 (Act 29 of 1996, as amended),

b) Guideline for the Compilation of a Mandatory Code of Practice on Mine Residue Deposits (issued by the Chief Inspector of Mines),

However, the Department does not have the authority to regulate the processing of residue deposits at the Jagersfontein dam. This is as a result of the De Beers court judgment over Jagersfontein residue deposits (De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd & others, case no. 3215/06, Free State Provincial Division, 13 December 2007). The judgement held that historical mine residue deposits (those created before the coming into operation of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) on the 01st of May 2004) are not minerals as contemplated in the MPRDA and such they are not regulated under provisions of the MPRDA. The processing of historical mine residue deposits does not constitute mining and the area where they are situated is not classified as a mine. This was again confirmed by the court judgment in the case of Ekapa Minerals (Pty) Ltd & Others vs Lucky Seekoei & Others (2057/2016) [2017] ZANCHC 5 (13 January 2017). The Department is fully committed to providing its technical and other expertise regarding mining related matters to the relevant government authorities.

30 September 2022 - NW3264

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Shaik Emam, Mr AM to ask the Minister of Mineral Resources and Energy

What actions are taken against mining companies that have failed to rehabilitate the disused mines according to the original agreement entered into between the State and such mining companies?

Reply:

The Department oversee the rehabilitation of disused mines that are owner less. It should be indicated the pace and the rate at which rehabilitation of the owner-less mines are carried out is largely informed by the allocation of funds from Treasury. It is common knowledge that the allocated funds remain in adequate to address the existing backlog of operations.

In respect of the mines with owners, administrative processes are followed in that mines are issued with legal notices to carry out rehabilitation as per the approved Environmental Authorization or approved Environmental Management Programme. It should be indicated that where there are challenges relate to areas that are already rehabilitated (in accordance with the commitments outlined as per Environmental Authentications or approved Environmental Management Programme) and are reopened by illegal miners (who are undocumented migrants). Rehabilitation of such area follows after the conclusion of the criminal enforcement process.

 

 

30 September 2022 - NW3224

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Pambo, Mr V to ask the Minister of Mineral Resources and Energy

(a) Who is responsible for the enforcement of the mandatory Code of Practice for Mine Residue Deposits at a mine, with particular reference to the monitoring, maintenance, risk assessment and disaster prevention and recovery for tailings dams and (b) with reference to the Jagersfontein dam, what work had been done to monitor the maintenance of the dam to minimise disasters such as the one that happened at the Jagersfontein mine in Free State on 11 September 2022?

Reply:

a) The Department of Mineral Resources and Energy, is responsible for the enforcement of the respective legal provisions in the mining sector.

b) The court in the De Beers judgment over Jagersfontein mine residue deposits (De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd & others, case no. 3215/06, Free State Provincial Division, 13 December 2007) held that historical mine residue deposits (those created before the coming into operation of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) on the 01st of May 2004) are not minerals as contemplated in the MPRDA and such they are not regulated under provisions of the MPRDA. The processing of historical mine residue deposits does not constitute mining and the area where they are situated is not classified as a mine. This was again confirmed by the court judgment in the case of Ekapa Minerals (Pty) Ltd & Others vs Lucky Seekoei & Others (2057/2016) [2017] ZANCHC 5 (13 January 2017). Consequently, the Department did not have the authority to regulate the activities (including health and safety) in the processing of mine residue deposits at the Jagersfontein dam. However, the Department is fully committed to providing its technical and other expertise in the investigation of the accident by the relevant government authorities.

30 September 2022 - NW3003

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Mabika, Mr M to ask the Minister of Mineral Resources and Energy

Whether he and/or his department submitted a policy review document and/or any other government policy document to structures outside of the Government, either to private and/or external structures or structures of any political affiliation during the past five years; if not, what is the position in this regard; if so, (a) will he furnish Mr M S Mabika with copies of all such documents and (b) what are the reasons that the Government documents were provided to each structure?

Reply:

All Policy review documents and /or any other government policy document developed by the Department of Mineral Resources and Energy (DMRE) follows policy development processes as prescribed by the legislature.Reviewed policy documents and /or any other government policy document developed follows a consultative process and are also gazetted if required for public comments and are accessible by the public, interested and affected parties, including by private or external structures or structures of any political party.

30 September 2022 - NW2852

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Singh, Mr N to ask the Minister of Mineral Resources and Energy

(1) How is the Government taking care of the vulnerable people in financial difficulties in accessing electricity; (2) whether the Government intends to take steps to prioritise the roll out subsidised prepaid meters for Eskom-direct customers; if not, why not; if so, what are the relevant details?

Reply:

The matter is not within the mandate of the Department of Mineral Resources and Energy as it is an operational matter which should be responded to by the Department of Public Enterprises.

30 September 2022 - NW2851

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Singh, Mr N to ask the Minister of Mineral Resources and Energy

(1) How is Eskom working with provincial governments to solve the energy supplied to pensioners, indigent and unemployed residents to be converted from conventional to prepaid electricity; (2) whether his department, working with the provincial governments, has plans for residents with arrears and disconnections to be rehabilitated and provided with access to prepaid supply as a matter of urgency; if not, why not; if so, what are the relevant details? NW3448E

Reply:

The matter is not within the mandate of the Department of Mineral Resources and Energy as it is an operational matter which should be responded to by the Department of Public Enterprises.

30 September 2022 - NW2850

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Singh, Mr N to ask the Minister of Mineral Resources and Energy

In light of the fact that Eskom customer services offices are closed nationally since the onset of the COVID-19 pandemic, on what date is it envisaged that the (a) offices will reopen to the public and (b) operational issues and services are improved, namely reporting structures such as Alfred Chat bot and email that do not generate valid reference numbers and timeous responses?

Reply:

The matter is not within the mandate of the Department of Mineral Resources and Energy as it is an operational matter which should be responded to by the Department of Public Enterprises.

30 September 2022 - NW2633

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy

With reference to one of the interventions announced by the President of the Republic, Mr M C Ramaphosa, in his Energy Response Plan, which is the assistance that would be given to 80 projects that represent over 6 000MW of new generation capacity, to obtain the remaining approvals as quickly as possible, (a) what number of the projects have been assisted to obtain the requisite approvals to date and (b) by what date is the Government expecting to have all the 80 projects approved?

Reply:

The 80 projects being referred to are developed by private parties and the DMRE has no visibility on the progress. Since the lifting of the licensing threshold, many people seem to be developing energy projects and have no obligation to apprise the department. NERSA has registered projects totalling 688 MW to date.

30 September 2022 - NW2518

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Boshoff, Dr WJ to ask the Minister of Mineral Resources and Energy

(1) (a) What (i) total number of employees of his department are currently working from home, (ii) number of such employees have special permission to work from home and (iii) are the reasons for granting such special permission and (b) on what date will such workers return to their respective offices; (2) whether he will make a statement on the matter?

Reply:

1. (a) (i) A total of (7) employees in DMRE are currently working from home;

(ii) These 7 employees have special permission to work from home; and

(iii) One employee has an injury, while two were pregnant ladies with a comorbidity who are currently on maternity leave and other four officials are sick: and

(b) The injured employee is expected to return to the office on 19 September 2022 while the ladies who are on maternity leave will come back respectively on 29 November 2022 and 02 January 2023.

(2) whether he will make a statement on the matter? Not necessary as such statistics are always available as and when required/requested.

16 September 2022 - NW2450

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Marawu, Ms TL to ask the Minister of Mineral Resources and Energy

Whether the Republic still has highly rich uranium which has neither been downgraded nor sent to the United States of America for safekeeping; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Yes, the Republic still has Highly Enriched Uranium (HEU) stored safely at the South African Nuclear Energy Corporation SOC Limited (Necsa), which has neither been downgraded nor sent to USA for safekeeping. The material is highly secured and under the International Atomic Energy Agency (IAEA) Safeguards. The IAEA continuously monitors the stored material using their Remote Monitoring System (RMS) connected 24hrs to IAEA Headquarters in Vienna and does physical verification inspections by visiting Necsa in planned and unplanned visits. This is consistent with South Africa being a signatory to the international treaties for non-proliferation of nuclear material such as the Comprehensive Safeguards Agreement (CSA) and Protocol Additional to the Safeguards Agreement (AP). In terms of security, it should be noted that Necsa is a National Key Point.

09 September 2022 - NW2870

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Chabangu, Mr M to ask the Minister of Mineral Resources and Energy

What are the details of the recent measures that has been put in place to deter illegal mining activities in the Republic?

Reply:

Several operations have been conducted jointly by the South Africa Police Services with officials of the Department. The South African police service is to launch the Economic Infrastructure Task Team (EITT), whose primary objective is to address the scourge of crimes within the non-ferrous metals, essential infrastructure, critical infrastructure, extortion, and illegal mining environments due to the negative impact these crimes have on the economy, security and growth of the country and society at large.

09 September 2022 - NW2872

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Langa, Mr TM to ask the Minister of Mineral Resources and Energy

Which steps have been taken to ensure that mining companies, such as Tronox in Empangeni, also consider local persons for senior mining positions?

Reply:

  • Mining legislative framework and policies amongst others requires that mining companies must have 60% of Historically Disadvantaged Persons (HDP’s) and 25% women representatives on Senior Management Level in order to redress the imbalances of the past.
  • The law does not categorise the Historically Disadvantaged South Africans in terms of their local place of origin within South Africa in as far as Employment Equity targets are concerned. Mining companies are however encouraged to be sensitive to the needs of immediate communities when it comes to job opportunities.
  • As of 9th June 2021, Senior Management of Tronox was at 100% HDP’s and 40% thereof was occupied by women.

06 September 2022 - NW2634

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy

In view of the fact that in delivering his Energy Response Plan, the President of the Republic, Mr M C Ramaphosa, announced that the registration process of the National Energy Regulator of South Africa has been simplified, including the removal of the requirement of a Power Purchase Agreement, on what date will this provision be gazetted?

Reply:

This has been affected already, there’s no need for gazetting.

06 September 2022 - NW2674

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Spies, Ms ERJ to ask the Minister of Mineral Resources and Energy

(1) On what date did he last attend a meeting outside the structures of the Government to determine the deployment of personnel in public sector positions; (2) whether any appointments to public sector positions were discussed and determined during his appearance at any forum that is private and external to the structures of the Government; if not, what is the position in this regard; if so, what (a) are the details on which appointments were discussed and (b) other government matters were discussed during his last meeting at any such forum?

29 August 2022 - NW1355

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

Following recent complaints from Benoni residents who are petitioning against unlawful mining in their backyards, (a) how far has his department progressed in (i) formalising artisanal mining and (ii) addressing the backlog of mining licences and (b) what steps has his department taken to equip artisanal miners with the necessary mining (i) expertise and (ii) equipment?

Reply:

(a)(i) The Small Scale Mining (SSM) Framework aimed at formalising artisanal mining is in place (30th March 2022 gazetted Artisanal and Small-Scale Mining Policy). However, the support will be provided without compromising environmental, social and governance (ESG) principles and therefore where human settlements are established mining cannot be conducted. The rehabilitation of derelict and ownerless mines is aimed at closing shafts/tunnels used by illegal operators to access areas where no authority to mine can be given. Illegal Mining is prohibited by law and security agencies SAPS is the lead agent dealing with illegal mining in the country including on people’s backyards. Perpetrators of illegal mining activities will be liable for prosecution. (ii) the Department is constantly working on eradicating the backlog with the main focus on mining rights.

(b) (i) The DMRE introduced a Women Diggers programme. The Department set aside funds to support women to participate in the small-scale mining. 23 women received theoretical and on-the-job practical training on small-scale mining facilitated by Mintek and Mining companies. The mining companies provided on the job training. The department is now facilitating the permit application and funding for some of the women diggers who have completed training and identified sites for mining. (ii) In terms of assisting the small-scale miners with mining equipment’s the framework objective is to ensure that the collaboration between different economic departments (Small Business Development and Trade, Investment and Competition) is enhanced and formalised. Furthermore, the DMRE regional managers continues to provide small-scale miners with relevant information and guidance regarding institutions where they could be equipped with necessary and relevant skills

29 August 2022 - NW1106

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Ismail, Ms H to ask the Minister of Mineral Resources and Energy

(a) What is the total number of all mines operating in each province, (b) who are the owners of the specified mines and (c) what has been their social responsibility contribution in the past five years?

Reply:

a) The number of operating mines in all provinces is 573

b) and (c) Please see Annexure A

22 July 2022 - NW2247

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Ismail, Ms H to ask the Minister of Mineral Resources and Energy

What (a)(i) strategic action plans, (ii) key performance indicators and (iii) targets does his department have in place to remove gold on surfaces in order to effectively address illegal mining, (b) total amount in budget allocation has been provided to address specific development plans, especially with regard to portions of illegal mining, such as number of shafts and/or kilometers and (c) monitoring tools does his department have in place that can be used to monitor illegal mining activities in the Republic?

Reply:

(a)(i) The strategic action plans that the Department has is to seal and close all derelict and ownerless mines so that illegal miners are denied access to the same mine, and also regular inspections in identified sites with law enforcement agencies (SAPS) to curb illicit dealing in gold.

(ii) The key indicators as per the Annual operational Plan are the percentage of complaints attended to/inspected as received as well as the criminal cases opened in respect of unlawful/illegal perpetrators who have commenced with mining activities without the necessary authorisation. This is contained in the Department’s Annual Operational Plan

(b)The compliance and enforcement directorate has a budget of R17 953 151, 26 for the purpose of compliance and enforcement.

(c) The Department does not regulate illegal mining, however when the officials of the come across it or a complaint is received such is attended to jointly with SAPS.

17 June 2022 - NW2209

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

In light of the ongoing protests by Sibanye-Stillwater mineworkers, what (a) intervention has he made to ensure Sibanye-Stillwater meets the workers’ demands and (b) guarantee does his department give workers that, should Sibanye-Stillwater lose their license, (i) anyone who takes over the operations will not be as exploitative as Sibanye-Stillwater and (ii) Sibanye-Stillwater will be held liable for all its crimes, including unfair dismissal of workers, its refusal to pay workers what is due to them and failure to record and compensate workers for injury on duty? NW2617E

Reply:

(a) The Minister met with both the management of Sibanye-Stillwater and Labour representatives and emphasized the importance of them reaching an amicable solution.

(b)(i) The Department cannot give any guarantees in this case as the relationship between Employer and Employee is governed by both the Labour Relations Act and Basic Condition of Employment Act, and both are the competency of the Department of Employment and Labour.

(ii) The competent authority to respond to these questions is the Department of Employment and Labour.

17 June 2022 - NW2208

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

What are the reasons for (a) his insistence on Shell’s continued operations, which is rejected by the people of the Eastern Cape, before the Gas Amendment Bill [B 9 - 2021] is finalised and (b) his department insisting that the Republic and its people will benefit from these operations, while the same operations left the Niger Delta polluted and set off the conflict in Mozambique? NW2616E

Reply:

Development of oil and gas has great potential to offer South Africa energy independence (and security), economic growth and jobs as long as is developed within the principles of sustainable development.

06 June 2022 - NW2046

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Boshoff, Dr WJ to ask the Minister of Mineral Resources and Energy

1) Whether he will make available all information regarding the findings by the Council for Geoscience that shale gas extraction is viable; if not, what is the position in this regard; if so, by what date; and 2) How does he anticipate the way forward for shale gas (a) exploration and (b) extraction? NW2446E

Reply:

1. Yes, information will be made available after Cabinet approval.

2. The way forward will be informed by scientific studies currently underway.

06 June 2022 - NW2033

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

In light of the fact that discussions in the Mining Indaba emphasised the need for his department to crack the whip and deliver on a number of mandates in relation to the mining and energy crisis the Republic is faced with, and notwithstanding the plans his department already had to stabilise the embattled but crucial entities, what (a) new information has he received from the Mining Indaba that he will now be considering and (b) are the timelines for delivering? NW2376E

Reply:

a) Mining Indaba is a conference like any other, the Department does not derive its mandate from it.

b) All issues raised at different platforms, including mining indaba are dealt with in line with the Department’s mandate and in accordance with the annual performance plan.

27 May 2022 - NW1687

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

In light of the recent results of the Fraser Institute's Annual Survey of Mining Companies 2021, wherein the Republic was ranked as the world’s 10th least attractive mining destination, what (a) has he found to have been the reasons to influence this and (b) steps will be taken by his department to guarantee that the mining industry in the Republic remains lucrative and appealing to investors?

Reply:

The Department gazetted the Exploration Strategy recently and key areas of influence were identified. Government and social partners will address these to improve the country’s investment attractiveness within the next five years.

There are logistical (rail and freight), regulatory (water and environmental licensing) and security challenges which fall outside the mandate of the DMRE.

27 May 2022 - NW1698

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Tito, Ms LF to ask the Minister of Mineral Resources and Energy

What are the (a) reasons that mining communities such as (i) Sasolburg, (ii) Secunda, (iii) Witbank and (iv) Rustenburg are still largely underdeveloped after so many years of mining activities on their shores and (b) consequences for the mining houses that have failed to fulfil their responsibilities toward the specified communities?

Reply:

a) Although Social economic development is the constitutional mandate of the Local Government, mining companies have to also contribute to the socio-economic development of the area they are operating through Social and Labour Plans. Mining companies around those areas have committed to contribute to the socio-economic development of the area in line with the IDPs of the municipalities.

b) The Department has a responsibility to monitor compliance. If non-compliance is detected, the Department issues a directive to remedy the non-compliance. If the non-compliance is not addressed, it may lead to a right being suspended or cancelled.