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10 September 2021 - NW2047

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

(a) What has he found to be the challenges that are currently experienced in erecting more wind farms in the Eastern Cape and (b) how much energy in megawatts does his department anticipate will be generated from the wind turbines located in the Eastern Cape?

Reply:

(a) There are currently no known challenges. Projects are expected to manage the process of securing land use rights from landowners and ensure compliance with environmental requirements.

The projects are also dependent on the availability of grid capacity which Eskom has indicated is starting to become a limitation.

(b)  The current procured and contracted capacity of Wind Energy Facilities in the Eastern Cape is about 1432 MW. According to the Grid Connection Capacity Assessment 2023 report published by Eskom, the Eastern Cape electricity network can accommodate an additional 1740MW of generation capacity and it will therefore require upgrading in the future.

10 September 2021 - NW2046

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

(1) (a) What total number of applications to erect wind farms in the Eastern Cape were approved by his department, (b) what total number of wind farms are erected in the Eastern Cape currently following the approval of such applications and (b) where is each wind farm located in each case; (2) whether his department has identified other areas in the Eastern Cape for potential wind farms; if not, why not; if so, (a) where will each such project be located and (b) on what date is it envisaged that construction will (i) commence and (ii) be completed?

Reply:

1. (a) The Department of Mineral Resources and Energy does not receive applications for the erection of Wind Farms but receive bids following a request for proposals. The Department of Forestry, Fisheries and the Environment is probably best placed to provide this information based on environmental impact assessments applications they receive.

(b) Find below a list of wind-based projects in the Eastern Cape procured under Bid Windows 1 – 4.

Project

Area

Dorper Wind Farm

Stormberg

MetroWind Van Stadens Wind Farm

Port Elizabeth

Kouga Wind Farm

Port Elizabeth

Jeffreys Bay Wind Farm (RF) (PTY) LTD

Jeffereys Bay

Cookhouse Wind Farm

Cookhouse

Amakhala Emoyeni

Bedford

Tsitsikamma Community Wind Farm Project

Tsitsikamma

Waainek

Grahamstown

Grassridge

Coega

Chaba

Komga

Nojoli Wind Farm

Cookhouse

Red Cap-Gibson Bay

Oyster Bay

Nxuba Wind Farm

Cookhouse

Golden Valley Wind

Cookhouse

Wesley-Ciskei

Hamburg

Oyster Bay Wind Farm

Humansdorp

2. Department of Mineral Resources and Energy (DMRE) does not dictate the location of the Wind Energy Facilities. IPPs are required to select their own location and conduct the necessary studies to ensure viability of the project.

The department has however worked with international partners and local industry associations to produce the Wind Atlas. The Wind Atlas is a high-resolution wind resource map that shows South Africa’s wind resource.

 

10 September 2021 - NW2045

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy Mr Jacob MbeleDeputy Director General

(1) What total number of applications for the erection of wind farms and/or wind turbines have been received by his department in each district in the (a) 2018-19, (b) 2019-20 and (c) 2020-21 financial years; (2) what (a) total number of objections were received and (b) are the reasons for the objections in each case?

Reply:

1. The Department of Mineral Resources and Energy does not receive applications for the erection of Wind Farms but receive bids following a request for proposals. The Department of Forestry, Fisheries and the Environment is probably best placed to provide this information based on environmental impact assessments applications they receive.

2. See response to (1) above.

06 August 2021 - NW1652

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

1) What total amount has been set aside for rehabilitation for Ghunu Diamonds mine at the Brazil Farm, Kleinzee; 2) Whether the contract for bulk sampling has been increased; if not, what is the position in this regard; if so, how has this changed the amount for rehabilitation; 3) Whether the (a) impact study and (b) public participation was completed when his department awarded the contract regarding Ghunu Diamonds mine; if not, what is the position in this regard; if so, will he furnish Mrs V van Dyk with a copy of the impact study and the public participation that was done at the time; 4) Whether any of the employees of Ghunu Diamonds mine have been arrested for being in possession of any fauna, tortoises in particular, and flora; if not, what is the position

Reply:

1. An amount of R210 000.00 financial provision is provided.

2. The quantity of the bulk sample is clearly described in the approved Prospecting work programme and has not been increased. Rehabilitation is described in the approved EMP

3. (a) Yes.

(b) Yes. All the studies were done copies are readily available in our offices in Springbok for collection as they can not be mailed through due to size.

4. This is the competency of the Department of Agriculture, Environment, Rural Development and Land Reform (Kimberley office).

05 August 2021 - NW1651

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

1) What total amount was set aside by West Coast Resources at Koingnaas for rehabilitation; 2) Whether the specified amount was paid over to his department; if not, why not; if so, what are the relevant details; 3) In light of West Coast Resources, under Lower Orange River, being in business rescue, (a) what is the name of the (i) person and/or (ii) institution who will be performing the rehabilitation and (b) on what date? NW1858E

Reply:

(1) An amount of R1,253,386,427.00

(2) Yes, the mentioned amount is held by the Department.

(3) (a) (i) West coast Resources is still the holder.

(ii) West Coast Resources.

(b) The date cannot be confirmed as the business rescue process is still underway.

05 August 2021 - NW1621

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Whether he will furnish Mr J R B Lorimer with a list of all the (a) mining and (b) prospecting licences granted in the area of the eMalahleni Local Municipality in Mpumalanga in the past three financial years; if not, why not; if so, in each case, what is the (i) geographic location of each mine and (ii) status of each specified mine in terms of mining taking place, care and maintenance, expiry date of each licence, rehabilitation and/or abandonment of each mine? NW1827E

Reply:

ANNEXURE A

list of all the (a) mining and (b) prospecting licences granted in the eMalahleni Local Municipality in Mpumalanga in the past three financial years

Seq No.

NAME OF THE COMPANY

REF NUMBER

STATUS

LOCATION

TYPE OF RIGHT

GRANTING/ISSUING DATE

EXPIRY

OPERATION OR NOT

1

Kusile mining (Pty) Ltd

MP30/5/1/2/2/10049MR

GRANTED

ROODEBLOEM 58 IS, ptn 1 and 2

NEW

2019/03/11

2029/03/10

Not operational

2

SIDE MINERALS (PTY) LTD

MP30/5/1/2/2/10072MR

GRANTED

BANKFONTEIN 216 IR, ptn 7 and 11

RENEWAL

2019/11/03

2026/11/02

Operational

3

Eyethu Coal (Pty) Ltd

MP30/5/1/2/2/10148MR

GRANTED

SPEEKFONTEIN 336 JS, ptn 4

RENEWAL

2019/03/18

2024/03/17

Operational

4

UMCEBO MINIING (PTY) LTD

MP30/5/1/2/2/10118MR

GRANTED

RONDEBULT 303 JS, RE and DOORNRUG 302 JS, ptn 11

RENEWAL

2019/03/17

2027/03/16

Operational

5

Eyethu Coal (Pty) Ltd

MP30/5/1/2/2/10166MR

GRANTED

KOSMO 282 JS, BLOEKOMBOS 414 JS, DRIEFONTEIN 297 JS, LEEUWPOORT 283 JS, SUURWATER 366 JS, TWEEDAM 377 JS

RENEWAL

2019/03/17

2024/03/16

Operational

6

JOE SINGH GROUP OF COMPANIES

MP30/5/1/2/2/10197MR

GRANTED

HENMA 291 IR

RENEWAL

2019/03/11

2024/03/10

Operational

7

Ibumba Bricks (Pty) Ltd

MP30/5/1/2/2/10124MR

GRANTED

LEEUWPOORT 283 JS, ptn 9

NEW

2019/03/17

2049/03/16

Not operational

8

Koornfontein Mines (Pty) Ltd

MP30/5/1/2/2/10077MR

GRANTED

VLAKLAAGTE 45 IS

NEW

2020/08/14

2035/0813

Not operational

Prospecting Rights

Seq No.

NAME OF THE COMPANY

REF NUMBER

STATUS

LOCATION

TYPE OF RIGHT

GRANTING/ISSUING DATE

EXPIRY

OPERATION OR NOT

                 

1.

Kusile Mining (Pty) Ltd

MP30/5/1/1/2/14040PR

GRANTED

9, 11, 12 & 15 Rietfontein 100 IS

RENEWAL

2019/05/13

2015/09/04

Operational

2.

CREDOCRON CC

MP30/5/1/1/2/10891PR

GRANTED

25 Elandsfontein 309 JS

New

2018/04/25

2012/08/22

Not operational

3.

Makole Electrical (Pty) Ltd Trading As Makole Electrical (Pty) Ltd

MP30/5/1/1/2/11732PR

GRANTED

26 & 94 Naauwpoort 335 JS

New

2020/03/25

2013/04/25

Not operational

4.

Invincibledrive Pty Ltd Trading As Invincibledrive Pty Ltd

MP30/5/1/1/2/11725PR

GRANTED

5 & 11 Rhenosterfontein 318 JS

New

2019/10/30

2013/04/10

Not operational

5.

125 Makole Investment cc Trading As 125 Makole Investment cc

MP30/5/1/1/2/12195PR

GRANTED

3 Steenkoolspruit 18 IS

New

2020/03/25

2013/07/26

Not operational

6.

NGULULU RESOURCES PTY LTD Trading As

MP30/5/1/1/2/13065PR

GRANTED

4,5,6,8,9,36,39, RE Hartgebeestlaagte 325 JS

New

2018/04/24

2014/06/03

Not operational

7.

J for Joy Development and Entertainment (Pty) Ltd

MP30/5/1/1/2/14497PR

GRANTED

Portion of portion 4 Driefontein 297 JS

New

2018/07/20

2016/10/13

Not operational

8.

XAKWA INVESTMENT (PTY) LTD

MP30/5/1/1/2/12382PR

GRANTED

Waterkyk 304 JS

RENEWAL

2019/05/29

2013/09/26

Operational

9.

Superlane 137 (Pty) Ltd

MP30/5/1/1/2/14001PR

GRANTED

Portion of RE Duvha Kragstasie 337 JS

RENEWAL

2018/11/08

2015/07/24

Operational

10

Umzobanzi Coal and Energy Pty Ltd

MP30/5/1/1/2/14632PR

GRANTED

8, 10, 30 Grootvallei 258 JS

RENEWAL

2019/05/29

2017/01/27

Operational

11

Inkanyezi Mining and Industrial Suppies cc

MP30/5/1/1/2/14670PR

GRANTED

2, 11 Nooitgedacht 300 JS

New

2018/07/04

2017/02/23

Not operational

12

AMULA RESOURCES (PTY) LTD

MP30/5/1/1/2/14181PR

ISSUED

31 Wolvenskrans 17 IS

New

2018/05/30

2016/02/23

Operational

13

Zama Jali Mining CC

MP30/5/1/1/2/14138PR

ISSUED

6, 12, 13 Speekfontein 336 JS, 12 Rhenosterfontein 318 JS

RENEWAL

2018/11/28

2015/12/18

Operational

14

Big Coal (Pty) Ltd

MP30/5/1/1/2/11318PR

ISSUED

1, 13 & 32 Blesboklaagte 296 JS

New

2018/10/03

2013/01/17

Operational

15

MH Kekana and Sons

MP30/5/1/1/2/14870PR

ISSUED

30-60, 63, 64, 65, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79,80, 81, 82, 83, 84, 85, 86, 92, 112, 123, 134, 235 Nooitgadacht 300 JS, 2, 3, 10, 14-18, 23, 24, 26, 29, 30, 32 Hartbeestpruit 281 JS

New

2019/09/19

2017/08/22

Not operational

05 August 2021 - NW1731

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

(1) With reference to the mining permit granted for the farm Boschmanspoort adjacent to the Optimum coal mine, (a) on what dates was the mining operation inspected by officials of his department and (b) what were the findings of such inspections; (2) (a) what consultation was done with the landowner before the permit was issued and (b) for what reason (i) was a certain company (name furnished) allowed to mine without a permit as was subsequently found by the court and (ii) was information relating to the specified permit not shared with the landowner after the commencement of mining; (3) whether his department has been informed that critical parts of the application for the permit were allegedly cut and pasted from other applications; if not, what is the position in this regard; if so, what are the relevant details; (4) what are the reasons that (a) it took his department one year to acknowledge the request to be furnished with the permit by Ms A M M Weber in February 2020 and (b) the information has still not been provided; (5) what (a) internal investigations is his department conducting into the issuing of this permit and the subsequent court case and (b) actions have been taken as a result? NW1942E

Reply:

1. a) On the 25th of October 2019.

b) Inspection findings;

  • No mining activities were taking place onsite at the day of inspection.
  • The access gate was locked with security guard onsite.
  • Mine infrastructure onsite, include office, access and haul road, opencast pit, overburden stockpile, opened trenches with berms, coal stockpile.

2. a) There is no mining permit issued on the area that was inspected and as such no consultation took place.

b) (i) The court order found Lunathi to be mining; no authorization neither a permit/mining right or prospecting right was issued to Lunathi to mine the area.

(ii) No information could have been shared with the land owner as Lunathi was never authorized to mine the area.

3. The office of the Regional Manager has not received any concern or objection alleging that certain part of the applications constituted of cut and paste material.

4( a) The Department was still investigating the validity of mining permit.

(b) Ms A M M Weber was provided with the copy of the approved Environmental management plan (EMP) of Hlelo.

5(a) There is no mining permit on portion 24 of Boschmanspoort and as such no internal investigations are being conducted. This is being treated as an illegal activity and law enforcement will assist in dealing with the matter.

05 August 2021 - NW1734

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

Whether, with regard to the regulation of generation of electricity by private parties, which is currently capped at 10MW, the Government will increase the limit to allow for more capacity to avert electricity challenges facing the Republic; if not, why not; if so, what are the further relevant details? NW1945E

Reply:

Yes.

Schedule 2 of the Electricity Regulation Act will be amended to increase the NERSA licensing threshold for embedded generation projects from 1 MW to 100 MW.

11 June 2021 - NW1615

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

1) Whether his department and/or the National Energy Regulator of South Africa received any licence applications from DNG Energy for its proposed Khensani Gas to Power Plant in Komatipoort; if not, what is the position in this regard; if so, what is the current status of such application; 2) Whether any public participation has taken place regarding the proposed Khensani Gas to Power Plant to date; if not, why not; if so, what are the relevant details? NW1821E

Reply:

  1. No, the Department is not responsible for the licensing of power generation, that is the function of Nersa. Nersa was consulted and they have confirmed that they have not received any licence application from DNG Energy for its proposed Khensani Gas to Power Plant in Komatipoort.
  2. See (a) above.

11 June 2021 - NW1676

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

What are the (a) full relevant details of the various agreements signed by him and his predecessors over the past 10 financial years on behalf of the Government with the Republic of Cuba, (b) reasons and (c) total amounts paid to any Cuban entity in the past 10 financial years by (i) his department and (ii) any entity reporting to him?

Reply:

a) The DMRE has no Inter-Governmental Agreements with Cuba.

b) N/A

c) (i) N/A, (ii) N/A

11 June 2021 - NW1623

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Given that mining and prospecting rights can be obtained with a shelf company that could incur major financial liabilities, what are the reasons that applications for mining rights do not require Financial Intelligence Centre Act, Act 38 of 2001, information from applicants, including banking details, tax numbers and proof of residence? NW1829E

Reply:

Section 16 for prospecting right and 22 for mining right read with Regulation 5 and 10 of the MPRDA outlines granting criteria for such rights.

11 June 2021 - NW1622

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

1) What is the position regarding the mining licence of the Shiva Uranium and Gold mine; 2) Whether buyers for the mine are still being sought; if not, what is the position in this regard; if so, what are the relevant details; 3) Whether there have been any offers to buy the mine; if not, what is the position in this regard; if so, (a) what are the reasons the offers were refused, (b) are there any prospects for a sale this year and (c) on what date will his department withdraw the mining right if no buyer is secured; 4) Whether his department communicates with the previous employees of the mine; if not, what is the position in this regard; if so, (a) how and (b) on what date; 5) What (a) is the position regarding the mine’s rehabilitation guarantee, (b) will the estimated cost of rehabilitation be and (c) amount of it will be funded by the rehabilitation guarantee?

Reply:

(1) Shiva Uranium has been issued with three mining rights, and they are all valid

(2) This matter is still before the Business Rescue Practitioner (BRP) and is yet to be finalised. The Department does not get to be involved in the process of appointing the potential buyers, it is only once purchase has been concluded wherein an application to transfer ownership would be made in accordance with the provision of section 11 of the MPRDA. At this stage, such application has not been brought for our attention as the BRP’s process is not yet concluded.

(3) (a) Please see (2) above

(b) Please see (2) above

(c) The date cannot be confirmed as the rescue process is still underway

(4) (a) The Department is of the view that the issue of communicating with previous employees of the mine remains to be the responsibility of the BRP as they are assuming the responsibility of the right holder (b) 31 May 2021

(5)(a) There is financial provision to the value of R61 424 275.00 that has been deposited into Rehabilitation Trust (Cash Deposit) held by the Department.

(b) The environmental liability that was determined by the independent environmental assessor (before the mine went through the BRP’s process) was estimated at R101 018 658. 57, the mine was further directed to address the shortfall of R39 594 383.57, which is still pending.

(c) The shortfall of financial provision has be discussed with the Business Rescue Practitioner in the sense that the potential buyer will be required to demonstrate that they have financial capacity to address the required financial provision before section 11 application is finalised.

 

11 June 2021 - NW1617

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

With regard to his statement during the Mini Plenary of his department’s Budget Vote concerning the raising of the electricity generation licencing threshold to 10MW, alternatively 50MW, (a) on what date was the survey conducted, (b) what was the format of the survey, (c) what were the exact questions asked and (d)(i) what was the total number of respondents and (ii) what total number of respondents were (aa) in favour of limiting the threshold to 10MW and (bb) in favour of raising the threshold above 10MW? NW1823E

Reply:

a) The word “survey” was used to refer to public comments received by the Department following the gazetting of Schedule II of the Electricity Regulation Act (ERA) in relation to the threshold for embedded generation licencing.

b) The comments were received through the post and email.

c) There were no questions as comments were on the gazette notice.

d) (i) Over 15000 comments were received.

(aa) Majority is in support of the 10MW threshold.

(bb) The remainder is split between those who disagree completely with embedded generation and those who prefer a higher threshold.

04 June 2021 - NW1458

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

Whether any gas-to-power projects have (a) applied for and (b) been granted generating licences by the National Energy Regulator of South Africa in the past five years; if not, why not; if so, in each case, what (i) is the name of each applicant, (ii) are the relevant details with regard to (aa) output capacity, (bb) location of the project and (cc) any other licencing requirements such as environmental approval and (c) is the current status of the project in terms of (i) financial closure, (ii) expected date of completion, (iii) offtake agreements and/or (iv) power purchase agreements?

Reply:

a) No gas to power projects were applied for in the past five years

b) No.

(i) See (a) above

(ii) See (a) above

(aa) See (a) above

(bb) See (a) above

(cc) See (a) above

c) See (a) above

(i) Not applicable

(ii) Not applicable

(iii) Not applicable

(iv) Not applicable

31 May 2021 - NW1479

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Sarupen, Mr AN to ask the Minister of Mineral Resources and Energy

1) Whether his department has concluded any work exchange and/or employment agreements with any entity of the Republic of Cuba from the 2010-11 financial year up to the 2020-21 financial year; if not, what is the position in this regard; if so, what (a) total number of Cuban nationals (i) have been employed in each of the specified financial years and/or (ii) are due to be employed in the 2021-23 Medium-Term Expenditure Framework period, (b) are the details of the work that each of the specified Cuban nationals was and/or will be employed to perform, (c) are the details of the specific skills sets that each of the specified Cuban nationals possessed and/or will possess that South African nationals did or will not possess and (d) are the details of the total cost of employing each of the specified Cuban nationals in each case; 2) Whether his department took any steps to ensure that the specific skills set of the specified Cuban nationals were and/or will not be available in the Republic amongst South African citizens; if not, in each case, why not; if so, what are the relevant details of the (a) steps taken and (b) outcomes of the steps taken in this regard? NW1684E

Reply:

  1. No, the department has not concluded any work exchange and/or employment agreements with any entity of the Republic of Cuba from 2010/ 2011 up to and including 2020/2021 financial year.
  2. See (1) above.

31 May 2021 - NW1457

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

With regard to the unsuccessful bidders in the Risk Mitigation Independent Power Producers (IPP) Procurement Programme, (a) what was the (i) nature of each unsuccessful bid, (ii) amount of electricity each bidder would have provided to the grid, (iii) cost of a kilowatt-hour of electricity generated and (iv) earliest anticipated date the IPP would have been able to supply electricity to the national grid and (b) in each case, what was the reason for the rejection of each bid? NW1660E

Reply:

a) With regard to (a) (i) to (iv), and further to information previously supplied on qualifying bidders in response NO1192E, the list of unsuccessful bidders under the Risk Mitigation Independent Power Producer Procurement Programme (REIPPPP) is as follows:

Qualifying Bidders who were unsuccessful on the basis of Price Evaluation

Project Number

Price Bid
(ZAR)

Capacity bid (MW)

Earliest anticipated SCOD

Technology

Bidder 1

2 504.68

217.40

31 December 2022

LPG Gas Turbines and Solar Photovoltaic

Bidder 2

2 661.00

61.00

1 September 2022

LPG Gas Turbines and Solar Photovoltaic

Bidder 3

2 836.65

399.34

1 December 2022

LPG Gas Turbines and Solar Photovoltaic

Bidder 4

2 871.00

112.00

31 December 2022

LPG Gas Turbines, Battery Storage and Solar Photovoltaic

Bidder 5

3 165.00

62.00

1 September 2022

LPG Gas Turbines, Battery Storage and Solar Photovoltaic

Bidder 6

3 414.00

197.40

31 December 2022

LNG Gas Turbines and Solar Photovoltaic

Unsuccessful Bidders that failed to meet Qualification Criteria

Project Number

Price Bid
(ZAR)

Capacity bid (MW)

Earliest anticipated SCOD

Technology

Bidder 7

2 737.17

50.00

1 December 2022

Solar PV, BESS & Thermal

Bidder 8

2 839.00

75.00

31 December 2022

Solar + Thermal Hybrid

Bidder 9

1 300.00

55.00

1 October 2022

Solar PV, BESS, Gas

Bidder 10

1 466.00

55.00

1 October 2022

Solar PV + BESS, Gas

Bidder 11

2 049.37

80.00

1 November 2022

Solar PV & BESS

Bidder 12

2 531.18

80.00

1 November 2022

Wind, Solar PV and BESS

Bidder 13

2 196.76

80.00

1 November 2022

Solar + BESS

Bidder 14

2 519.29

414.72

1 October 2022

Gas fired reciprocating engines

Bidder 15

2 509.76

414.72

1 October 2022

Gas fired reciprocating engines

Bidder 16

2 506.92

414.72

1 October 2022

Gas fired reciprocating engines

Bidder 17

2 613.48

315.40

1 September 2022

Various (LPG to power; wind; solar PV; BESS

b) With regard to Bidders who failed the meet the Qualification Criteria, the reasons were among others as follows:

  • Failure to comply with the Land and Environmental qualification criteria (did not have the necessary permits, authorisations, land rights or Final Scoping Reports for environmental purposes);
  • Failure to meet all the Financial qualification criteria such as debt track records or letters of commitment from the ultimate providers of equity;
  • Failing to meet Technical qualification criteria such as demonstration of secure fuel supply agreements; and
  • Failure to meet the Economic Development criteria such as proof of substantiating the South African Entity Participation or contributor status level and failure to meet designated local content.

21 May 2021 - NW1242

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

Whether, given current challenges with energy supply and in light of current controversies and allegations of impropriety in the procurement of emergency energy supply through foreign floating power ships, he has alternative plans to ensure an uninterrupted and reliable supply of electricity to support post COVID-19 economic recovery; if not, why not; if so, what are the relevant details?

Reply:

The Departments response to the current energy supply challenges consist of a number of interventions including procurement under the RIMPPPP (commonly known as emergency power). The interventions by the Department are follows:

  • We have amended regulations to enable municipalities to build or procure power from IPPs.
  • We have amended of Schedule 2 of ERA and therefore making exempting certain categories of generation for own use from the requirements to hold apply for a license.
  • We are working with IPPs and Eskom to ensure that projects signed under bid-window of renewable energy are completed as soon as possible. 1 200 megawatts of the 2 200 megawatts has already been connected to the grid. The remaining capacity is expected to be connected to the grid by not later than December 2021
  • We are procuring power from existing private generators through short-term contracts. Eskom is finalising the procurement of 128 megawatts and the Department is finalising an offer to purchase additional power from existing renewable energy IPPs.
  • We are proceeding with the procurement of 1 995 megawatts of power under the Risk Mitigation Independent Power Producer Procurement Programme (RMIPPPP). Preferred bidders have been given until end of July 2020 to reach financial close. The Department is planning to conclude the signing of Power Purchase Agreements shortly after that.
  • We have issued Request for Proposal to procure 2 600 megawatts from renewable energy (Bid window 5)
  • We will be issuing additional Requests for Proposal for 9 213 megawatts from renewables, coal, gas, and battery storage. These will be done between now and March 2022.

 

21 May 2021 - NW1036

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

Following the projections by the Executive Director of the SA Institute of Professional Accountants at the beginning of the year, that the Republic may be more reliant on imports for fuel and fuel products as a result of various challenges including that all six South African refineries are under review, what steps has his department taken to intervene and ensure that the ordinary South African does not feel the consequences of such a move, in particular an unprecedented fuel hike? NW1219E

Reply:

One of the Petroleum refining companies has decided to close its refinery and convert is into an import terminal.

The Department believes that the refineries should remain operational not just used as storage, because this approach compromises the country with respect to numerous benefits such as employment creation, skills, enterprise development and other benefits that come with local manufacturing.

With respect to the pricing issue, the planned closure of the refinery will not affect pricing because the Basic Fuel Price (BFP) assumes that the product is being imported not produced locally.

21 May 2021 - NW1179

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

1) Whether he has found that a certain mining company (name furnished), which conducted mining activities south of the TC Esterhuysen Primary School, in Riverlea, Johannesburg, contravened mining regulations during its tenure; if not, what is the position in this regard; if so, (a) what specific actions did his department take in this regard, (b) on what date was action taken and (c) what is the status of the mining licence granted for the specified area; 2) Whether his department is involved in the rehabilitation of the site; if not, why not; if so, what are the relevant details; 3) Were contractors appointed to rehabilitate the site; if not, who will rehabilitate the site; if so, what are the relevant details; 4) (a) on what date will the rehabilitation operations on the site (i) commence and (ii) be completed and (b) what is the (i) source of rehabilitation funds and (ii) projected total cost of the rehabilitation process? NW1369E

Reply:

1. A company by the name of Central Rand Gold (Pty) Ltd had a mining right, dealt with under reference GP 30/5/1/2/2 (140) MR, issued in terms of the provisions of the MPRDA on 11 November 2008. The mining license expired/ lapsed in 2017. Prior to the lapsing of the validity of the mining license, Central Rand Gold (Pty) Ltd applied for a renewal of their licence, in terms of the provisions of the MPRDA. The Department refused to renew the mining licence. Central Rand Gold (Pty) Ltd then lodged an appeal against the Department’s decision to refuse to renew their licence.

a) Central Rand Gold (Pty) Ltd went into liquidation during the appeal process by the Department. The final decision on the appeal has not been finalised since the appellant went into liquidation and/ or business abandonment.

b) The Department issued several orders, instruction and notices in terms of the provisions of the MPRDA and NEMA, to Central Rand Gold (Pty) Ltd when the company was still in operation and when the company still existed.

c) Central Rand Gold (Pty) Ltd went under liquidation in 2018. The Department was not able to finalise the appeal since the appellant was liquidated.

(2) Yes, a rehabilitation programme was submitted by a company called Amatshe Mining (Pty) Ltd, wherein it proposed to rehabilitate many parts of the mining area of Central Rand Gold (Pty) Ltd, namely,

a) Backfilling of the open pit (which lies behind T.C Esterhuysen Primary School and George Harrison Park on R41 Main Reef Road).

b) Backfilling of the open pit (which lies south of the cement plant at approximately 300m from the CRG Plant area).

c) Levelling and cleaning of the CRG Plant Area.

(3) A company called Amatshe (Pty) Ltd provided a rehabilitation plan to backfill and rehabilitate areas that were left by Central Rand Gold (Pty) Ltd. On 03 December 2021, a directive was issued to Amatshe Mining (Pty) Ltd by this Department, in terms of section 28 of the NEMA, to rehabilitate the areas that were left in a degraded and unsafe state by the mining operation of Central Rand Gold (Pty) Ltd.

(4) (a) (i) Rehabilitation are anticipated to resume by June 2021 when all necessary access negotiations between the applicant and Amatshe Mining (Pty) Ltd have been completed.

(ii) The rehabilitation project will proceed for a period of at least 10 months. Amatshe Mining (Pty) Ltd.

(b) (i) Amatshe Mining (Pty) Ltd is rehabilitating for the account of the surface owner and the relevant costs of rehabilitation should be borne by the land owner or whoever the landowner deems fit and appropriate to help. In the case at hand, the costs are to be borne by Amatshe Mining (Pty) Ltd.

(ii) The rehabilitation programme submitted by Amatshe Mining (Pty) Ltd projected the cost of their rehabilitation project to be R10 400 000.00. In addition, the Department has about R44 774 902.01 held as financial provision provided by Central Rand Gold (Pty) Ltd which could still be used for rehabilitation purposes.

21 May 2021 - NW1181

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

1) Whether his department has been informed of the open mine shaft directly south of the Zamampilo informal settlement at Riverlea, Johannesburg; if not, what is the position in this regard; if so, by what date will his department (a) inspect and (b) close the shaft; 2) Whether his department has plans in the interim to erect warnings and/or barriers around the shaft to prevent persons falling into it pending closure; if not, why not; if so, what are the relevant details?

Reply:

 

1. Yes, the Department has been informed of the open mine shaft directly south of the Zamampilo informal settlement at Riverlea, Johannesburg. Subsequently a site visit was conducted on a joint operation with South African Police Services because of the prevalence of illegal miners operating with the area. It was observed during the site visit that the said open mine shaft that was opened, is the same shaft that was rehabilitated, sealed off and fenced off by concrete palisade fencing. The resealing of the said shaft is being prioritised and will be completed within the current financial year.

2. Yes, the Department is putting interim measures in place including erecting warnings and conducting public awareness.

 

21 May 2021 - NW623

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

Whether, taking into consideration the global shift towards cleaner fuel and energy consumption in an attempt to curb the global carbon footprint, his department has any plans in place to ensure that PetroSA starts producing cleaner fuel; if not, what are the reasons that no plans are in place; if so, what are the relevant details, including the (a) status of the specified project and (b) date by which implementation can be expected?

Reply:

PetroSA has plans in place that are targeting a new imported Liquefied Natural Gas supply to replace the depleting indigenous gas produced from its offshore gas fields for the last 30 years. Gas imports for the production of synthetic fuels are planned to start in 2022. The potential for longer term gas supply from newly discovered offshore gas fields is also being considered.

PetroSA is reviewing the potential to convert the Mossel Bay site to a ‘carbon free’ blue hydrogen production facility which will be explored in more detail when operation on imported Liquefied Natural Gas is completed. Operation on Liquefied Natural Gas will also enable PetroSA to recommission the Methcap renewable power facility installed to produce power from biogas which was in operation from 2004/5 until November 2020 (i.e. green electricity).

PetroSA fuel produced from processing of gas meets most of the CF2 specifications. However, capital investment will be required to meet the anticipated South African Clean Fuels 2 specifications.

PetroSA’s depleted offshore gasfields are also identified as the most promising carbon dioxide storage opportunity in South Africa to facilitate a lower carbon footprint. The ‘Atlas on geological storage of carbon dioxide in South Africa’ was completed together with the Council for Geoscience and major industry players highlights PetroSA’s existing infrastructure potential in this regard.

21 May 2021 - NW949

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Graham, Ms SJ to ask the Minister of Mineral Resources and Energy

Whether, with reference to his reply to question 2569 on 27 November 2020, any progress has been made on the investigation of each of the six children who died in three borrow pits in the Moretele Local Municipality, North West; if not, why not; if so, what (a) indications are there that there was negligence, (b) indications are there that stricter compliance and regulations are required, (c) measures will be put in place as a result and (d) support and assistance will be given to the families of the six children?

Reply:

The root causes could not be determined, this matter is not within the competency of the DMRE. Following the investigations that were undertaken by the Department’s Regional Office, it is evident that the incident took place on an area that was not authorised by the Department. It is alleged that the contractor who opened the borrow pit was contracted by the Department of Public Works for purpose of using the materials for road construction. Furthermore, the Department also learnt that upon completion of their activities, the contractor apparently had an intention to rehabilitate the area, it is alleged that the community did not support the issue of rehabilitation on the basis that the borrow pit will serve as water storage for their animals (cattles). Following the delisting of these activities In terms of the EIA Regulations, 2017 as amended and the associated Listing Notices, read also with section 106 of the Mineral and Petroleum Resources Development, Act 28 of 2002, the Department of Public Works is now no longer required to apply for both the Environmental Authorisations/Mining Authorisations from this Department. Given this exemption, this Department is not a competent authority to deal with this matter.

(b) Considering that there were no Environmental Authorisations issued by the Department, the onus lies with the Department that appoints the contractor to ensure that the area is rehabilitated in a safe manner.

(c) See the previous remarks

(d) The Department is not an appropriate institution to determine this issue but the relevant Department can furnish clarity in this regard.

21 May 2021 - NW962

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Whether, considering the ineffectiveness of the current SA Mineral Resources Administration (SAMRAD) system in providing up to date information on South Africa’s mining and prospecting rights, his department has ever considered discontinuing the SAMRAD system and replacing it with a Cadastre system; if not, why not; if so, what are the relevant details? NW1129E

Reply:

The Department acknowledges that the current SAMRAD system has had some challenges and requires an overhaul. We have begun a process of procuring a Mining Cadastral System to ensure that there is a complete effective system in place.

21 May 2021 - NW1253

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

a) What is the position of the Government regarding the procurement of nuclear energy; b) What quantity of nuclear power is targeted for purchase; c) From whom will the nuclear energy be purchased; and d) By what date will it be procured? NW1444E

Reply:

a)  The Integrated Resource Plan 2019 (IPR2019), Decision 8: directed the Government to commence with the preparations for a nuclear build programme to the extent of 2500 MW, at a pace and scale that the country can afford because it is a no-regret option in the long term. To implement this decision, in June 2020 the Department commenced with the preparations, including issuing a non-binding Request for Information (RFI), to test the market’s appetite for the 2500MW nuclear new build programme.

In terms of the Electricity Regulations Act, 2006 (Act No. 4 of 2006), the Department has submitted the Ministerial Section 34 determination to request the concurrence of the National Energy Regulator of South Africa (NERSA) for the procurement of additional 2500MW from nuclear energy. The Department is awaiting NERSA’s decision on the Ministerial section 34 determination. Subject to the Regulator’s approval, the Department will issue a Request for Proposal (RFP) for the procurement of 2500MW nuclear new build programme, at a pace and the scale that the country can afford.

b) As indicated in the IRP2019 Decision 8, the Department targets to procure the 2500MW from nuclear energy.

c) The decision from whom to procure the 2500MW nuclear energy will only be known once the procurement process has been concluded and successful bidder(s) appointed. This decision has not been made at this stage because procurement has not started. The Department is still awaiting NERSA’s verdict on Ministerial section 34 determination.

d) To ensure security of energy supply and in line with the Medium-Term Strategic Framework (MTSF) 2019-2024, the Department plans to complete the procurement of the 2500MW nuclear new build programme by 2024.

21 May 2021 - NW1349

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

1) With regard to the successful bidders in the Risk Mitigation Independent Power Producer Procurement Programme, what is the (a) duration of the agreement with the Independent Power Producers, (b) amount of electricity each bidder will provide to the grid, (c) cost to the Republic per kilowatt of electricity generated and (d) earliest anticipated date that each Independent Power Producer will be able to supply electricity to the national grid; 2) Whether any exemptions were granted by either (a) the Department of Environmental Affairs, Forestry and Fisheries, (b) the Department of Trade, Industry and Competition and/or (c) the Department of Mineral Resources and Energy; if not, why not; if so, what are the details in each case; 3) Whether public participation was conducted in connection with each successful bidder’s (a) environmental impact, (b) economic impact and (c) social impact; if not, why not, in each case; if so, what are the details in each case? NW1545E

Reply:

a) the proposed tenure for the Power Purchase Agreements (PPA) is 20 years.

b)

Project Name

Contracted Capacity (MW)

Evaluation Price

(ZAR/kwh)*

Oya Energy Hybrid Facility

128

1.55

Umoyilanga Energy

75

1.72

ACWA Power Project DAO

150

1.46

Karpowership SA Coega

450

1.49

Karpowership SA Richards Bay

450

1.50

Karpowership SA Saldanha

320

1.70

Mulilo Total Coega

198

1.89

Mulilo Total Hydra Storage

75

1.52

*the evaluation price is rounded off to the nearest ten

A further three (3) eligible bidders will only be announced after further value for money propositions have been successfully concluded.

c) See response table above

d) The projects are expected to connect to the grid between June 2022 and December 2022.

2. a) The Department is not aware of any exemptions granted by the Department of Environmental Affairs, Forestry and Fisheries.

b) The Department of Trade, Industry and Competition granted exemption from certain designated local content requirements.

c) See response to question (b) above.

3. a) Regarding to environmental compliance, bidders were only were only required to submit a scoping report as part of their response to the Request for Proposal.

b) No public participation was conducted regarding economic impact of successful bids, but bidders have committed to prescribed minimum economic development requirements in line with the PPPFA and the RFP.

c) See response to question (b) above.

13 May 2021 - NW1153

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

In light of the fact that the Turkish company (name furnished) which was listed as one of the preferred bids under Risk Mitigation Independent Power Producer Procurement Programme to supply three power ships to alleviate the Republic’s power challenges, what (a) will be the total combined power output of the three power ships and (b) total amount will it cost for each ship to (i) produce and (ii) transmit power to the grid? NW1342E

Reply:

a) The total combined power output/capacity of the three (3) floating Liquefied Natural Gas (“LNG”) Turbine, or Powership, projects appointed as Preferred Bidders under the Risk Mitigation Power Producer Procurement Programme (“RMIPPPP”) is 1 220 MW, broken down between the 3 follows:

  • Karpowership SA Coega, 450 MW
  • Karpowership SA Richards Bay, 450 MW
  • Karpowership SA Saldanah, 320 MW

b) Regarding (i) and (ii), the power procured under the RMIPPP will be dispatchable and the Seller (the IPP) will be compensated for availability(capacity) for energy output generated following a Dispatch Instruction from the Buyer. The cost of the bid by the bidder is inclusive of grid connection costs. The cost per KWh in April 2021 terms and assuming a 75% load factor is as follows:

  • Karpowership SA Coega, R1,359 / KWh
  • Karpowership SA Richards Bay, R1,389 / KWh
  • Karpowership SA Saldanah, R1,616 / KWh

13 May 2021 - NW1180

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Whether, with regard to bids accepted for the Risk Mitigation Independent Power Procurement Programme, his department has calculated the estimated additional costs that will be incurred in respect of each of the projects as a result of the adherence to (a) Broad-Based Black Economic Empowerment legislation and regulations and (b) local content legislation and/or regulations; if not, why not; if so, what are the further relevant details? NW1370E

Reply:

a) No, the Department has not calculated the estimated additional costs due to B-BBEE legislation and/or regulations. Compliance with B-BBBEE and/or regulations is a legal requirement under the PPPFA.

b) No, compliance with local content requirements are a legal requirement under the PPPFA.

By complying with B-BBBEE and local contents requirements, the Government promote and drives economic transformation, which in turn contribute to economic growth. B-BBEE and localisation add value to our society through its commitment to skills development together with the contribution to social development and transformation.

The Department through the IPP Office publishes quarterly reports for IPP projects connected to the grid. These reports include economic development achievements in line with commitments made by IPPs. The reports can be accessed here: https://www.ipp-projects.co.za/Publications

 

07 May 2021 - NW728

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

1) What total number of prospecting rights holders had their rights cancelled for not having met their obligations in terms of their approved Environmental Management Programmes; 2) Whether any other steps have been taken against non-compliance by rights holders in this regard; if not, why not; if so, 3) Whether he will furnish Mr J R B Lorimer with (a) a list indicating instances when steps and/or action was taken against non-compliance by rights holders and (b) any further relevant details; if not, why not; if so, what are the relevant details? NW849E

Reply:

  1. There is no prospecting right that has been cancelled for not having met their approved EMP.
  2. Section 31L of NEMA notices were issued to Right Holders, for non-compliance with the terms and conditions of the Environmental Authorisations as well as the provisions of the National Environmental Management Act (Act 107 of 1998), including but not limited to failure to submit environmental audit reports, annual financial provision assessment/review and excessive dust emission amongst others. In instances where there was a significant Environmental degradation or pollution directives were issued in terms of section 28 of NEMA.

(3)(a) Yes, please see the list for 2020/201 financial year

Seq No.

Reference Number

Actions taken

1

KZN10652PR

S31L (NOI): Financial Provision for a renewal

2

KZN10635PR

S31L (NOI): Financial Provision for a renewal

3

KZN544PR

S29(b): Closure Directive

4

KZN543PR

S29(b): Closure Directive

5

KZN495PR

S29(b): Closure Directive

6

KZN491PR

S29(b): Closure Directive

7

KZN10708PR

S31L (NOI): Financial Provision for a renewal

8

KZN196PR

S29(b): Closure Directive

9

KZN601PR

S29(b): Closure Directive

10

KZN204PR

S29(b): Closure Directive

11

KZN37PR

S31L (NOI): Financial Provision for a renewal

12

KZN10338PR

S31L (NOI): Financial Provision for a renewal

13

FS 10454 PR

Section 31L Pre-compliance notice was issued

14

FS 10453 PR

Section 31L Pre-compliance notice was issued

15

FS 10236 PR

Section 31L Pre-compliance notice was issued

16

FS 10235 PR

Section 31L Pre-compliance notice was issued

17

FS 10230 PR

Section 31L Pre-compliance notice was issued

18

FS 10205 PR

Section 31L Pre-compliance notice was issued

19

FS 10320 PR

Instruction in terms of section 93 was issued

20

FS 10433 PR

Instruction in terms of section 93 was issued

21

FS 10411 PR

Instruction in terms of section 93 was issued

22

FS 449 PR

Instruction in terms of section 93 was issued

23

NC 11703 PR

31L Notice of NEMA Act 1998

24

NC 11815 PR

31L Notice of NEMA Act 1998

25

NC 12787 PR

31L Notice of NEMA Act 1998

26

NC 11699 PR

31L Notice of NEMA Act 1998

27

LP 11828 PR

31L Notice of NEMA Act 1998

28

LP 13490 PR

31L Notice of NEMA Act 1998

29

LP 11844 PR

31L Notice of NEMA Act 1998

30

WC 10262PR

Sect 31L NEMA

31

WC 10261PR

Sect 31L NEMA

32

NW 12258 PR

Sect 31L NEMA

33

NW 12230 PR

Sect 31L NEMA

34

NW 12703 PR

Sect 31L NEMA

     

07 May 2021 - NW961

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Whether his department is taking any steps to reverse the decline of the Republic’s share of the global exploration investment, which is currently standing at 1% and decreasing; if not, why not; if so, what are the relevant details? NW1128E

Reply:

The Department is currently developing an Exploration Implementation Plan to enhance exploration attractiveness and will position the country to at least 3% share of the global exploration expenditure in the next 3 to 5 years.

01 April 2021 - NW960

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Whether it is the official position of his department that applicants for mineral prospecting rights have to fulfil Broad-Based Black Economic Empowerment requirements for mineral prospecting rights to be granted, as indicated in the presentation before the Portfolio Committee on Mineral Resources and Energy on 3 March 2021; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Section 17(4) of the MPRDA (as amended) provides that the Minister may, having regard to the type of mineral concerned and the extent of the proposed prospecting project, request the applicant to give effect to the provisions of section 2(d) of the Act, by substantially and meaningfully expanding opportunities to Historical Disadvantaged South Africans to benefit from the exploitation of the nations mineral and petroleum resources development.

01 April 2021 - NW208

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

1) Whether the minerals which are subject to a prospecting right renewal application, in terms of section 18 of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, are sterilised and/or unavailable for other applicants while the applicant awaits the processing and/or return, grant, refusal of the renewal application; if not, why not; 2) What total number of outstanding prospecting right renewal applications have been received which have not yet been processed, returned, granted, refused (a) within 60 working days from date of receipt and (b) within 12 months and (c) for a period of more than 3 years from the date of receipt; 3) Whether the renewal applications that are received after the expiry date of the relevant prospecting right were refused; if not, what is the position in this regard; if so, is the date of expiry of the prospecting right calculated from the date of the granting of the right according to the judgment in Mawetse SA Mining Corporation (Pty) Ltd v Minister of Mineral Resources and Others or from the date of the execution of the prospecting right? NW211E

Reply:

1. In terms of section 18(5) of the Mineral and Petroleum Resources Development Act, Act 28 of 2002 a prospecting right in respect of which an application for renewal has been lodged shall, despite it stated expiry date, remain in force until such time as such application has been granted or refused.

The lodgement of the renewal application is an expression of further interest by the holder to prospect for such mineral(s) and as such this cannot amount to sterilization as the activities would assist in determining the occurrence of such mineral(s).

2. (a) 19

     (b) 84

      (c) 236

3. In terms of section 56(a) of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, a right issued is deemed lapsed whenever it expires (expiry date), and such it would be refused whenever it is lodged for renewal under these circumstances.

01 April 2021 - NW582

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

What total number of mining rights applications have been (a) completed and (b) issued in each of the past five years within the 300-day time frame set down by the one environmental system? NW638E

Reply:

a) Seventeen (17) mining rights have been completed within the time frame specified.

b) Five (05) mining rights have been issued within the time frame specified.

19 March 2021 - NW234

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Nxumalo, Mr MN to ask the Minister of Mineral Resources and Energy

Whether, with reference to the recent research by energy experts which found that there is currently 5000 MW that can be added to the grid and which can go a long way to stave off loadshedding, his department has plans to procure new capacity; if not, why not; if so, what are the further relevant details? NW237E

Reply:

The 5000 MW referred to in the question is in relation to potential from users generating their own power and not power available to be procured by the State.

With regard of procurement of additional power by the State, the Department is currently finalising the evaluation and appointment of preferred bidders for 2000 MW of power under the Risk Mitigation Independent Power Producer Programme.

The Department also plan to procure additional power in line with the already gazetted Section 34 Determination as follows:

19 March 2021 - NW622

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

Given that departmental entities are stuck in litigation matters that were started by persons who are no longer in his department and have never been held accountable, what (a) is the (i) breakdown of all legal matters against the various entities of his department and (ii) cost to the taxpayer in each case and (b) are the reasons that his department has not, to date, used its own internal processes against those individuals who offset the specified cases, such that they are personally liable for the specified legal costs? NW738E

Reply:

ENTITY

what (a) is the (i) breakdown of all legal matters against the various entities of his department

(a)(ii) cost to the taxpayer in each case

(b) are the reasons that his department has not, to date, used its own internal processes against those individuals who offset the specified cases, such that they are personally liable for the specified legal costs

NECSA

On or about 12 August 2019, Mr Vusi Malebana, erstwhile Necsa Chief Legal Advisor filed an urgent application seeking a declaratory and interdicting order setting aside his suspension and stopping the disciplinary proceeding against him. The Labour Court ruled that the suspension of Mr. Malebana by the South Africa Nuclear Energy Corporation (Necsa) was declared to be unlawful and constitutes an occupational detriment.

Necsa was ordered to pay the costs of Mr. Malebana in pursuing the urgent application, which costs were to include the costs of two (2) counsel. The bill of costs as per the Taxing Master certificate were R352 486.14 which Necsa honoured in full in January 2021.

Following the court interdict, Mr. Malebana was subjected to a disciplinary hearing and eventually dismissed. He took the matter to the CCMA whereby the CCMA ordered that his dismissal was procedurally and substantively unfair and awarded six months compensation amounting to R679 444.86.

Mr Malebana subsequently served Necsa with a Notice of Motion together with the founding affidavit on 12 December 2020 in essence outlining his intentions to review the arbitration award issued by CCMA on 26 October 2020. 

CGS

The Council for Geoscience has no pending legal matters emanating from the scenario outlined in the question.

N/A

N/A

MINTEK

Mintek does not have any litigation matters that were started by persons who are no longer at the company. The only legal matters currently active relates to labour issues such as unfair dismissal and unfair labour practice.

N/A

N/A

NNR

No outstanding litigation against NNR

N/A

N/A

NRWDI

The National Radioactive Waste Disposal Institute (NRWDI) is not involve in any litigation matters and therefore the questions are not applicable to NRWDI.

N/A

N/A

SDT

The SDT has no litigation matters at present. No such matters were dealt with in the past. Consequently, the entity has incurred no costs in this regard.

N/A

N/A

SADPMR

The SADPMR has no former or current employees who were involved in any litigations of which the Regulator was responsible for paying their legal costs.

N/A

N/A

SANEDI

SANEDI is currently opposing one labour relation matter

R253,998.25

Matter is still pending

CEF (SOC) and its subsidiaries, NERSA and the MHSC responses listed separately below:

CENTRAL ENERGY FUND AND SUBSIDIARIES

ENTITY

what (a) is the (i) breakdown of all legal matters against the various entities of his department

(a)(ii) cost to the taxpayer in each case

(b) are the reasons that his department has not, to date, used its own internal processes against those individuals who offset the specified cases, such that they are personally liable for the specified legal costs

CEF (SOC) Ltd

CEF SOC Ltd and SFF jointly handled the stock rotation litigation matter

R11, 922, 752.15.

After the A&O Report, Application was made for a declaratory order declaring that the sale of strategic stock was invalid.

SFF

Stock Rotation already reported as stated above.

Krone is suing SFF for payment, which they allege, is due in terms of the contract. Krone was required to install a metering system, which was aimed at improving accuracy levels of measuring of oil volumes.

In the recovery of proceeds for the sale of diesel to Line Petroleum, a default judgment was granted in favour of SFF,

R4 500 685.00

R 43, 400.43

SFF is withholding payment on the grounds of non-performance under the contract.

A legal opinion is being sought because Line Petroleum does not have attachable assets in South Africa.

iGas

No litigation to report on.

N/A

N/A

PetroSA

PetroSA is claiming damages from Odjfjell for the pipeline damages.

PetroSA has instituted liquidation proceedings against Two Oceans for failing to honour payments for product sold

PetroSA has obtained judgment against Fantastic View and a writ of execution has been issued

R 11,462, 280.93

R 1,457,266.26

R 738,755.57

Judgment is pending

AEMFC

The supplier being Innovent was found to have misrepresented AEMFC on registration with the Financial Service Board.

AEMFC concluded a settlement agreement with NUM in 2017 at the CCMA which was made an Arbitration award and amongst the item agreed upon was that AEMFC will pay the 13th cheque each December. In 2019 there was another agreement which states that it supersedes all the previous agreements and a new bonus scheme which was performance bonus was introduced. Bargaining employees in 2019 as per the new agreement received 50% of their CTC as performance bonus and the 13th Cheque was not paid. NUM has now obtained an Arbitration award against AEMFC demanding the 13th Cheque for December 2019. Persuant to the Arbitration award, NUM applied for enforcement order of R2.9M which was granted and AEMFC property was attached by the sheriff. AEMFC has applied to the Labour Court to stay the enforcement order pending the rescission of the of the Arbitration award. The argument by AEMFC is that, the 2017 agreement was superseded by the 2019 agreement and further that the 13th Cheque must be from the employee’s salary and not at employers costs.

An AEMFC former Senior Employee concluded a collecting Agreement with NUM in terms of which AEMFC will pay the risk allowance to employees who worked during the lockdown. In terms of the AEMFC LOA the collective agreement must be recommended by EXCO to the board for approval. The submission to the board by the former employed did not disclose that a collective agreement is already signed but created the impression that AEMFC must make a once off payment of R2.6 million for 5 weeks lockdown. AEMFC made a once off payment and the union lodge a grievance with the CCMA to enforcement the collecting agreement signed with the former employee. AEMFC disputed the validity of the collective agreement since it was not approved by EXCO and board and an urgent court application was filed to interdict CCMA to proceed with the matter pending review of the decision by AEMFC former employee to sign a collective agreement without authority.

R 241 016.43

R 192, 510.00

R 283,496. 62

The contract was classified as Irregular expenditure by National Treasury.

NATIONAL ENERGY REGULATOR OF SOUTH AFRICA (NERSA)

No.

  1. Type of Litigation Matter
  1. Breakdown of Legal Matters
  1. Related Costs
  1. Reasons for not using own internal processes

1.

Judicial review

ESKOM- Case arises from the decision of the Energy Regulator approving the MYPD3 RCA5 and Eskom is unhappy with the outcome. Eskom has taken the decision on judicial review.

R1 750 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

2.

Judicial review

AFGRI/PHILAFRICA- The judicial review case arises from the decision of the Energy Regulator not to amend or revoke the distribution licence of Maluti a Phofung Local Municipality licence.

2 900 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

3.

Judicial review

Drakenstein Local Municipality. The judicial review arises from the decision of the Energy Regulator not to approve some of the tariffs of the municipality during 2019/20 because of the impact that it would have had on the customers.

R2 200 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

4.

Judicial review/ Implementation of order pending appeal/ leave to appeal

Eskom- The appeal follows the judgement of the Pretoria High Court to substitute the decision of the Energy Regulator on the Eskom MYPD4 Year 3. This case has already had three judgements (review judgement, leave to appeal judgement and implementation of review judgement pending appeal judgement)

R7 400 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

5.

Judicial review

Sunrise- the matter arises from the judicial review brought by Sunrise against what they call improper formulation and reading of the Petroleum Pipelines Operating licence issued by NERSA to Avedia

R2 200 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

MINE, HEALTH AND SAFERY COUNCIL (MHSC)

what (a) is the (i) breakdown of all legal matters against the various entities of his department

(a)(ii) cost to the taxpayer in each case

(b) are the reasons that his department has not, to date, used its own internal processes against those individuals who offset the specified cases, such that they are personally liable for the specified legal costs

Investigation into allegations of financial misconduct

1 006 475,00

The matter is not finalised

Dispute at the Labour Court between employer an employee

233 770,00

Recovery if any will be based on outcome of the labour court

Challenging the recruitment process of the HR head at the Labour Court

45 007,55

Recovery if any will be based on outcome of the labour court

Termination of the Contract and recovery due to non performance

456 046,00

The matter is not finalised

Dispute at the Labour Court between employer an employee

301 357,44

Recovery if any will be based on outcome of the labour court

Dispute at the Labour Court between employer an employee

86 766,63

Settlement paid by MHSC

Dispute over employment Contract

153 060,00

Assessment still to be done pending the outcome of disciplinary hearing- employee on suspension

19 March 2021 - NW583

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Whether the general public is able to view the locality of applications, rights and permits made and/or held in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, via his department’s South African Mineral Resources Administration System; if not, (a) why not and (b) for how long has the View South Africa Geographic Information System facility not been available; if so, what are the relevant details? NW639E

Reply:

a) The general public can view the locality of applications. Members of the public will need to register as a user of the system, select relevant province and commodity/ies to able to view.

b) The South Africa Geographic Information System facility has always been available.

19 March 2021 - NW586

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

With reference to the statements by the President of the Republic, Mr M C Ramaphosa, regarding hydrogen fuel cell technology and deployment in line with the Hydrogen South Africa Strategy, (a) which schools and hospitals are currently using hydrogen fuel cell technology to provide electricity, (b) what amount of electricity is generated in each case and (c) what are the future plans and timelines for implementation of hydrogen fuel cells at other government facilities? NW642E

Reply:

a) As part of government’s response to combating the COVID-19 pandemic, a temporary fuel cell system was deployed at 1 Military Hospital in Gauteng, which is utilised to support the Department of Defence. There is also one installed at the Science Center in Comimvaba (Eastern Cape).

b) The Seven Hydrogen Fuel Cells temporarily deployed at 1 Military Hospital has a total installed capacity of 35kW. The fuel cells deployed at a Science Centre in the Eastern Cape has a capacity of 5kW.

c) Post July 2021, the fuel systems currently at 1 Military Hospital will be redeployed as follows:

  1. One fuel cell system will remain at 1 Military Hospital for use by the Department of Defence (DOD) for training purposes;
  2. One fuel cell system at Mandeni Local Municipality, ILembe District in KZN, with a connection to the Youth Centre and Small, Medium and Micro Enterprises (SMMEs) Stalls;
  3. One fuel cell system at MINTEK with a connection to the Home Affairs offices in Randburg;
  4. One fuel cell system at Masia Village in Limpopo;
  5. One fuel cell system at the Department of Science and Innovation;
  6. One fuel cell system at the Trevenna Building, Department of Mineral Resources and Energy.

There is also ongoing work to incorporate the deployment of fuel cells in public buildings through the existing policy instruments, which include Energy Efficiency and Demand Side Management (EEDSM) grant programme and the Public Works and Infrastructure Green Building Policy.

19 March 2021 - NW589

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

Whether, with reference to a celebrated settlement agreement more than two years ago after the landmark class-action suit against nine gold mining companies that were ordered to compensate miners who suffered from insidious respiratory diseases like silicosis, he intends to intervene to ensure that the miners who still have not been paid out are paid out; if not, why not; if so, what are the full details outlining time lines? NW645E

Reply:

The Department of Mineral Resources and Energy is responsible for the regulation of the mining industry through the Mine Health and Safety Act (MHSA), No 29 of 1996. The Department of Health (DoH) governs the compensation of the mine employees diagnosed with Occupational Lung Diseases through Occupational Diseases in Mines and Works Act (ODMWA) 78 OF 1973 regulated by the Medical Bureau for Occupational diseases (MBOD).

Tshiamiso trust has been established to carry out the terms of the settlement agreement reached between amongst six mining companies and claimants to compensate current and ex-mineworkers for silicosis and TB. The trust works together with the MBOD in certification of mineworkers who have lodged claims. The certification process to identify ex-mineworkers with silicosis was apparently hampered by Covid-19 pandemic in 2020 as lung function tests could not be carried out because of the risk of increasing exposure to COVID-19 infection. Outreach programmes are reported to be carried out to cater for outstanding compensations in areas like the Eastern Cape.

19 March 2021 - NW614

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

What steps has his department taken to ensure that Engen is held liable for the damage caused to homes and loss of property in Wentworth after the explosion at its oil refinery in Durban South in December 2020? NW730E

Reply:

The matter referred to in the question should be addressed to the Department of Environmental Affairs, Forestry and Fisheries who handle Environmental impact issues, as well as the Department of Employment and Labour as the responsible Department for the investigation of industrial accidents.

19 March 2021 - NW32

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

What steps has his department taken to address the complaints of the Clewer Community in the eMalahleni Local Municipality, Mpumalanga, as submitted to his department on 1 August 2020, with regard to the blasting operations and dust at the Anglo American Khwezela Colliery which causes cracks in houses in Clewer? NW34E

Reply:

 

The Department investigated the complaints. The outcomes of the investigation were that Khwezela Colliery air blast and ground vibration exceeded the limits of 125dB and 5mm per second, respectively.  

The Department issued Khwezela colliery with instruction to comply with the air blast limit of 115 dB and ground vibration limit 5 mm per second. Secondly, colliery was instructed to conduct a follow up structural survey on all the affected houses in proximity of the mine, determine if the damages to the houses were caused by blasting from the mine and fix all the houses that were damaged due to mine blasts. The mine must also review their blast design to ensure that they are able to comply with the air blast and ground vibration limits. The mine was also issued with an instruction to reduce the dust levels that were emanating from the dragline.

19 March 2021 - NW427

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

What action has he taken to discourage seabed mining, as bulk sediment mining of the deep seafloor is likely to have a severe and negative impact on sensitive seabed habitats and the ecosystem services that they provide, and given that the competency to consider and approve mining licences lies with his department? NW482E

Reply:

Although the primary aim lies along advancing development premised on the principles of sustainable development, where any proposed mining along and within seabed could potentially pose severe and/or irreversible damage to ecosystem in question even with mitigation measures in place such application cannot be granted or approved.

The provisions of section 48 of the MPDRA which list out area over which prospecting or mining is prohibited. If the area constitutes such an area as per the assessment made, the Minister can invoke the provisions of section 49 of the MPRDA and restrict or prohibit mining over such relevant seabed.

19 March 2021 - NW677

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Basson, Mr LJ to ask the Minister of Mineral Resources and Energy

Whether (a) his department and/or (b) any entity reporting to him makes use of private security firms; if not, what is the position in this regard; if so, in each case, what is the (i) name of each firm, (ii) purpose, (iii) value and (iv) duration of each specified contract? NW795E

Reply:

ENTITY

(b) entity reporting to him makes use of private security firms

(i) name of each firm,

(ii) purpose

(iii) value

(iv) duration of each specified contract?

CEF (SOC) Ltd

CEF, iGas and SFF do not make use of private security firms.

PetroSA and AEMFC utilise the services of private security firms.

PetroSA: Quattro Security (Bloemfontein and Tzaneen depots); Fidelity Security Services (Parow Offices)

Excellerate Security Services at the GTL Refinery and surrounding sites in Mossel Bay

AEMFC: Protea coin t/s Bidvest Security

PetroSA is making use of private security guards armed and unarmed in its Depots (Bloemfontein and Tzaneen), GTL Refinery and its surrounding sites in Mossel Bay and Parow (Head Office).

PetroSA:

Quattro Security (Bloemfontein and Tzaneen depots) – R1,243,371,41

Fidelity Security Services (Parow Offices) – R,414,893,84

Excellerate Services (GTL Refinery and sites around Mossel Bay) – R70 000 000.00

AEMFC: R 25,847,324.00

PetroSA:

Quattro and Fidelity – 01 October 2018 – 30 September 2021

GTL Refinery and surrounding sites in Mossel Bay – 15 January 2021 – 14 January 2024 with an option to extend for one year.

AEMFC: 01 December 2020 – 30 November 2023

NECSA

The South African Nuclear Energy Corporation (NECSA) does not make use of private security firms.

N/A – NECSA uses in-house security

N/A

N/A

N/A

CGS

Yes.

The Council for Geoscience has established an in-house security capacity in Head Office, Donkerhoek Core shed and Bellville regional office through mass in-housing process, whilst other regional offices are still protected through contract security

Polokwane regional office:

Field Security Services

 

Upington regional office: ADT Fidelity Security Services

Pietermaritzburg regional office:

Peter Security Services

 

Polokwane Regional Office:

24/7 Security guarding services – one grade C armed guard during the day shift and similar during the night shift.

Upington regional office: Providing armed response services only– alarm monitoring services

Pietermaritzburg regional office:

Providing armed response services only – alarm monitoring services

Polokwane Regional Office: R345, 000.00

Upington regional office:

R88,252.04

Pietermaritzburg regional office:

R19, 297.80

Polokwane Regional Office: 26 September 2020 – 26 September 2021

Upington regional office: 01 December 2020 – 30 November 2023

Pietermaritzburg regional office:

01 October 2019 to 30 September 2022

MINTEK

Mintek utilizes the services of three (3) companies for their security

  • Mfanyana Trading Enterprise
  • Fidelity Security Services
  • MI 7 Security Group
  • Mfanyana Trading Enterprise: General security services at Mintek Campus (24/7)
  • Fidelity Security Services:

Protection of Mintek’s Technology demonstration plant (Savmin) at Sibanye Gold Randfontein

  • MI 7 Security Group: Tactical, Surveillance and protection services for derelict/ownerless holings closure (open shaft). These open shafts are used by illegal miners and syndicates to pursue Illegal mining activities.
  • Mfanyana Trading Enterprise: R375,898 p/m
  • Fidelity Security Services: R R39,930 p/m

MI 7 Security Group: R19m (total contract value. Payment based on use)

  • Services are only used on adhoc basis as and when required
  • Mfanyana Trading Enterprise: 4 year contract
  • Fidelity Security Services: month-to-month contract
  • MI 7 Security Group: 3 year contract

MHSC

The MHSC does not make use of Private Security firm

N/A

N/A

N/A

N/A

NERSA

Yes

Imvula Security Services (Sub-contracted by AFMS Group)

Building Security

R2,347,538

2 years

NNR

Yes

RAMS Fire, Security and Cleaning Services (Pty) Ltd

Building security

R5 268,218.20

01 May 2018 – 30 April 2021

NRWDI

NRWDI does not make use of private security firms.

N/A

N/A

N/A

N/A

SDT

Yes

Rise Security Services (Pty) Ltd

For the provision of armed guarding services for its diamond premises, and to provide access control services

R38 934.36 monthly, VAT inclusive

Three (3) years (1 September 2018 to 21 August 2021)

SADPMR

Yes

Fidelity Securities

EOS Empire All System

Fidelity Securities:

Armed response and static guard services

EOS Empire All System: Maintenance of security equipment

Fidelity Securities: R1,284,126,.72

EOS Empire All System: R70 000 plus R345.00 call out, excluding travel claims

Fidelity Securities: 12 months

EOS Empire All System: 6 months

SANEDI

SANEDI does not make use of the services of a private security firm.

N/A

N/A

N/A

N/A

19 March 2021 - NW709

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

1) Whether, with reference to the proposed new nuclear build, his department conducted any (a) feasibility studies and/or (b) business or financial case studies for new nuclear generation in the past two years; if not, why not; if so, in each case, what are the relevant details; 2) In view of the fact that the Integrated Resource Plan 2019 (IRP 2019) makes no provision for the procurement of new nuclear generation as indicated on table 5 on page 42 of the gazetted IRP, on what basis has he committed to procure 2500MW of new nuclear generation by 2024 in his Ministerial Performance Agreement; 3) Why is he prioritising nuclear power generation ahead of other generation solutions despite ESKOM’s admission that nuclear energy is neither a least-cost, nor a short-term solution to the electricity crisis in the Republic? NW828E

Reply:

1. Whether, with reference to the proposed new nuclear build, his department conducted any (a) feasibility studies and/or

The Department has in the past, conducted at least 13 feasibility studies towards a framework for the realisation of the Nuclear New Build Programme. These include amongst others the International Atomic Energy Agency’s peer review expert mission on Integrated Nuclear Infrastructure Review. As result of this, a number of studies and strategies were developed to address identified issues raised for preparation toward procurement of the 9600MW nuclear programme previously. These feasibility studies provided the necessary foundation from which to prepare for the procurement of the 2500MW nuclear new build programme. Some of the relevant feasibility Studies included:

  1. Study on comparative analysis of Shale Gas to power versus Nuclear Power in SA
  2. Benchmark of Procurement Framework
  3. Cost of Nuclear Power
  4. Owner-Operator and Financing Structures
  5. Finance Options Models Solutions
  6. Economic Impact of Localisation of Nuclear New Build Programme

(b) business or financial case studies for new nuclear generation in the past two years; if not, why not; if so, in each case, what are the relevant details;

Having those relevant studies as a basis, following the IRP2019 call for the smaller capacity of 2500MW the Department sought to update its information with the latest developments in the nuclear industry by testing the market appetite for the deployment of the Nuclear New Build Programme in South Africa. In June 2020, Department went out to test the market by issuing a non-binding Request for Information (RFI) for the 2500 MW of nuclear capacity. The process of finalising the RFI assessment is underway and this will culminate to into the implementation strategy, roadmap and procurement framework.

2. In view of the fact that the Integrated Resource Plan 2019 (IRP 2019) makes no provision for the procurement of new nuclear generation as indicated on table 5 on page 42 of the gazetted IRP, on what basis has he committed to procure 2500MW of new nuclear generation by 2024 in his Ministerial Performance Agreement;

The Department has been implementing the IRP2019 since it was promulgated in 2019 to provide sustainable energy mix to address the country energy needs with various energy technologies that are being rolled out. The IRP does not pronounce on procurement. It is a plan for electricity that is based on least cost calculations and policy adjustments. There are a number of steps in the IRP development process, one of the final steps is policy adjustment. The policy adjusted decision of an approved Integrated Resource Plan of 2019, Decision 8 states: “Commence preparations for a nuclear build programme to the extent of 2500 MW at a pace and scale that the country can afford because it is a no-regret option in the long term”. The Minister’s Section 34 Determination in terms of the Electricity Regulations Act No. 4 of 2006, as amended, is where provision for procurement of electricity generation is made. The policy Decision 8 of the IRP2019 provides the basis upon which the Minister has committed to procure 2500MW of new nuclear generation by 2024 in his Ministerial Performance Agreement;

The preparations leading to the procurement in 2024 have already started taking into account:

  1. That the 2500 MW Nuclear Build Programme is contained in the DMRE 2020-2025 Strategic Plan and the Annual Performance Plan
  2. That the 2500 MW Nuclear Build Programme is contained in Policy Position 8 of the IRP 2019
  3. That the 2500 MW Nuclear Build Programme is contained in the Performance Agreement of the Minister.
  4. That the 2500 MW Nuclear Build Programme is contained in the 2019-2024 MTSF Priorities.

The preparation for nuclear power plant is long lead-time infrastructure project and takes up to about 12 years from the planning until the commission power plant to the grid to generate electricity. These preparatory activities include but are not limited to design, siting, procurement, construction and commissioning of the nuclear power station beyond 2030. Most of the baseload coal fired power plants will be decommissioned beyond 2030 and based on the long lead times for a nuclear programme, starting the process early will yield a no regret option taking into account that nuclear is a clean baseload source of power.

3. Why is he prioritising nuclear power generation ahead of other generation solutions despite ESKOM’s admission that nuclear energy is neither a least-cost, nor a short-term solution to the electricity crisis in the Republic? NW828E

The Department has a responsibility to implement the approved IRP in totality to ensure security of energy supply for the country. It is not true that nuclear is being prioritised. Since the promulgation of the initial IRP 2010-30 and the subsequent revised IRP 2019, the only other technologies to be commissioned in line with these plans have not included nuclear. We have procured more renewable energy technologies and we continue to do so and nuclear has not been one of those. Even with the section 34 determinations following the IRP 2019, Nuclear energy is being subjected to a robust public participation process prior to NERSA’s concurrence. It is therefore not true to imply that nuclear is brought in as short-term solution despite it having policy adjusted into the IRP post the modelling process. It must be noted that the IRP does not factor in a number of issues such as hidden costs including the grid costs, balancing costs, systems costs, job creation, local industry development, geopolitics, labour movement dynamics and other related aspects. In addition, the IRP modelling process used the average capital cost of nuclear projects as US$5000/kWe whilst unlike other energy sources, nuclear projects have shown to have a wide range from as low as US$2000. After testing the market, we may arrive at a cost far lower than any other energy source possible, and this is the reason why it will be prudent to move forward with procurement of nuclear power. In addition, unlike most other energy sources which have lifetimes and loans suit limited private investor positions of short-term returns, nuclear power plants have lifetimes exceeding 60 years. Koeberg is a prime example of this and has shown to be the cheapest of all energy sources currently on the grid. Even after 20 years when a nuclear plant has been paid off (due to market limitations on loan durations), the plants will continue to generate electricity at the lowest operational cost. Each energy source must be looked at for its merits, and hence a balanced energy mix of all sources is good for South Africa.

19 March 2021 - NW726

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Whether, as part of the mechanisms to combat corruption and state capture and thereby increasing the attractiveness of the mining industry of the Republic to investors, he intends to apply for the Republic to be an implementing country of the Extractive Industries Transparency Initiative; if not, why not; if so, what are the relevant details? NW847E

Reply:

No.

South Africa has not taken a decision to be part of the Extractive Industries Transparency Initiative.

19 March 2021 - NW801

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

Whether the areas that are both supplied in bulk and billed by Eskom for energy provision are entitled to and receive a subsidy for the installation of prepaid meters as per relevant government programmes; if not, why not; if so, what are the relevant details? NW958E

Reply:

The only subsidy available from government is the electrification subsidy which is targeted at the electrification of indigent households. The subsidy covers the connection to the grid including the ready board and associated metering as per the technical designs of Eskom.

19 March 2021 - NW73

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Nxumalo, Mr MN to ask the Minister of Mineral Resources and Energy

In light of the discovery of a second major gas find off the coast of South Africa that has put the Republic on the global energy map with even more discoveries expected in the future, how does his department intend to ensure that (a) it takes full advantage of the discovery and (b) the gas finds will be a significant boost for energy production in the Republic?

Reply:

a) The department is finalising the Upstream Petroleum Bill to further augment the regulations governing the oil and gas sector.

b) As per the Integrated Resource Plan (IRP 2019), South Africa continues to pursue a diversified energy mix that reduces reliance on a single or a few primary energy sources. Natural Gas forms part of the country’s energy mix.

19 March 2021 - NW182

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Sarupen, Mr AN to ask the Minister of Mineral Resources and Energy

With reference to the informal settlement on Main Reef Road, in Brakpan, Gauteng, known as Plastic City what: a) steps are being taken by his department to seal off the old and inactive mines in the area, considering that it has become a hotbed of illegal mining and associated criminal activities, b) steps are being taken (i) to protect critical infrastructure from illegal mining in this area and (ii) jointly by his department and the Ekurhuleni Metropolitan Municipality to ensure that mineral rights and environmental legislation obligations are being met; and c) steps will his department be taking in future to stop illegal mining in the area? NW185E

Reply:

a) The department has sealed three shafts in and around Plastic City informal settlement in 2019.

b) Through the Department’s continuous monitoring and evaluation initiatives, it has been made aware that illegal miners have mined under some roads, causing it to collapse. To this end, the Department with the assistance of MINTEK is investigating this issue further. Furthermore, the SAPS together with Ekurhuleni Municipality will be consulted to have a lasting solution in this regard.

c) The Department will continue enforcing the laws that prohibit mining without the necessary authorisations (mining right and environmental authorisation) together with other law enforcement agencies. The Department is also participating in joint law enforcement forums aimed at strengthening investigations and prosecutions of these types of organised crimes that deprives the country of its mineral resources-based revenues, causing massive environmental damage with impacts on society.

09 December 2020 - NW2898

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

What (a) proportion of persons employed by his department fall under the category of (i) women, (ii) youth and (iii) persons with disabilities, (b) provisions are made by his department to ensure employment equity, especially of persons with disabilities and (c) is the name of each entity reporting to him that has not complied with the provisions of employment equity with regard to the employment of persons with disabilities?

Reply:

(a) (i) 55.23% women,

(ii) 20.11% youth,

(iii) 0.94% persons with disabilities,

(b) The Department has made the following provisions to ensure employment equity, especially of persons with disabilities:

  • Employed a dedicated focal point responsible for Gender, Disability Transformation and one for Youth,
  • In the process of appointing the Employment Equity Committee for the newly established Department of Mineral Resources and Energy,
  • In the process of appointing an Employment Equity Manager for the Department
  • Responsibility for EE will be incorporated in the Performance Agreements of Branch Heads,
  • Drafted an EE Policy and Plan.

(c) The name of each entity reporting to the Minister who has not complied with the provisions of employment equity with regard to the employment of persons with disabilities:

Entity

(a)(i)

(a)(ii)

(a)(iii)

(b)

(c)

CGS

214

153

7

N/A

N/A

MINTEK

268

228

12

N/A

N/A

MHSC

40%

21%

2%

N/A

N/A

NERSA

57%

26%

1.3%

N/A

N/A

NNR

50%

18.3%

2.7%

N/A

N/A

NRWDI

62.5%

21.9%

6.25%

N/A

N/A

SDT

10

7

3

N/A

N/A

SANEDI

23

11

0

N/A

SANEDI currently has no employees who are persons of disabilities

SADPMR

68

20

1 male

N/A

N/A

CEF Group and its subsidiaries

Entity

(a)(i) % of Women

(a)(ii) % of youth

(a)(iii) % of People living with Disabilities

(b) Provisions or strategy per entity to ensure employment equity, especially of persons with disabilities is achieved

PetroSA

30%

 19%

1.7%

  • The business continues to look at the optimisation of resources with minimal recruitment processes until the implementation of the new Corporate Plan and business model. When the organisation does have opportunities for movement in the future, the placement of women and people with disabilities will be given priority in filling afore-mentioned positions.

AEMFC

26%

 55%

 0.22%

  •  AEMFC is setting targets for the achievement of its targets for people living with disabilities and women. This will be in the updated EE plan for 2021

PASA

31%

 27%

 2%

  •  EE Committee monitoring quarterly barriers to ensure representation

SFF

31.2%

 28%

 Current exercise underway internally to establish number of persons with disability

  • Employment Equity Terms of Reference currently being reviewed and new committee will be established in 2021.   2020/2021 Strategy includes an assessment of persons with disability internally and recruitment with persons with disability.  
  • SFF advised that they are working with the university to bring in youth with disability.

CEF SOC

45%

40%

 2%

  •  Women representation has improved and exceeded the 30% target. Similarly, youth target of 30% has also been exceeded.

CEF Group

31%

28%

1%

  •  The Group gender representation is 69% male vs 31% female.
  • The gender representation at Group Top Management has increased from 25% Female representation in Q1 to 33.3% in Q2 2020/21.
  • Youth representation is below 30% target while the organisation has regressed in terms of representation of people living with disabilities

 

Necsa and its subsidiaries

Necsa

(a) (i) Proportion of person employed by the institution who are women is 673, which represent 37.7%

(ii) Persons who are youth, herewith defined as employees who are not older than 35 years of age - 461

(iii) Persons with the disabilities – 25

NTP

(a) What proportion of persons employed by NTP fall under the category of:

(i) Women: 41%

(ii) Youth: 32%

(iii) Persons with disabilities: 0.26%

Pelchem

(a) What proportion of persons employed by NTP fall under the category of:

(i) Women: 30

(ii) Youth: 0; permitted 10 students

(iii) Persons with disabilities: 1

 

09 December 2020 - NW2548

Profile picture: Van Dyk, Ms V

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

(1) (a) What (i) total number of mining permits in heritage sites has his department granted in the Republic since 1994 and (ii) is the name of each heritage site, (b) where is the site located in each province and (c) what is the name of the person who received the mining rights in each case; (2) whether any impact studies and/or public consultation processes were undertaken; if not, what is the position in this regard; if so, (3) whether she will furnish Mrs V van Dyk witha copy of each impact study and/or public consultation; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

(1)(a)(i) The Department‘s records reveal that no mining permit or mining right has ever been issued over an area that constitutes a proclaimed heritage site. The records however shows that only one prospecting right was erroneously issued within the core of the Mapungubwe World Heritage site, but there is no evidence of any activities having been undertaken.

(ii)The Department‘s records reveal that no mining permit or mining right has ever been issued over an area that constitutes a proclaimed heritage site. The records however shows that only one prospecting right was erroneously issued within the core of the Mapungubwe World Heritage site, but there is no evidence of any activities having been undertaken.

(b)The Department‘s records reveal that no mining permit or mining right has ever been issued over an area that constitutes a proclaimed heritage site. The records however shows that only one prospecting right was erroneously issued within the core of the Mapungubwe World Heritage site, but there is no evidence of any activities having been undertaken.

(c)The Department‘s records reveal that no mining permit or mining right has ever been issued over an area that constitutes a proclaimed heritage site. The records however shows that only one prospecting right was erroneously issued within the core of the Mapungubwe World Heritage site, but there is no evidence of any activities having been undertaken.

(2)As indicated above, other than the prospecting permit that was issued erroneously, no mining permits were issued within a heritage site.

(3)As there were no permits within the heritage sites, there are no studies for mining within heritage sites.

 

09 December 2020 - NW2899

Profile picture: Madokwe, Ms P

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

(a) What are the reasons that his department has not ensured that when municipalities, especially in poor and rural municipalities, enter into contracts with independent power producers, one of the requirements is to provide free electricity for the indigent, (b) how will his department ensure that service providers provide free electricity for the indigent and (c) by what date will this be remedied?

Reply:

a) It is government policy to provide free basic electricity to the indigent through licensed electricity distributors (Eskom and Municipalities). The free basic electricity provision is independent of the source of generation of the electricity (Eskom or IPPs).

b) See response to (a.) above.

c) See response to (a.) above.

 

27 November 2020 - NW2740

Profile picture: Mileham, Mr K

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

(1) Whether any environmental audit and/or inspection has been conducted by his department and/or any other relevant government entity at the Astron refinery in Milnerton in the past nine months before and/or after the explosion on 2 July 2020 that caused the loss of two lives; if not, why not; if so, what (a) were the findings of the audit and/or inspection in each case and (b) actions have been taken based on the findings of the audit and/or inspection; (2) whether the refinery is still compliant with its licensing conditions; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. The Department of Mineral, Resources and Energy does not conduct any environmental audits, as these fall under different departments.

2. The refinery is not operational at the moment, however in terms of the Petroleum Products Act, the refinery was compliant prior to the incident.