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LEGISLATIVE ENVIRONMENT
Mine nationalisation will have to follow correct legal routes – Rocha
 
21st January 2010
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JOHANNESBURG (miningweekly.com) – It is highly unlikely that any policy changes on nationalising South Africa's mines would be considered in the next two years, but the issue might be raised at the ruling party's next policy conference in 2012, next a top government official said on Thursday.

Department of Mineral Resources' Jacinto Rocha told an audience at the Eversheds mining seminar in Johannesburg that any mention of policy changes before 2012 was "only people's ideas".

Every five years, the African National Congress (ANC) holds a conference where all significant policy decisions are discussed and decided on. During the period following the conference policies will then be adjusted and adopted. The ANC's last policy conference was held in 2007.

"There are people concerned that the president of the ANC, Jacob Zuma, says one thing, and the president of the ANC Youth League (ANCYL), Julius Malema, says another. Let me put it this way, the president of the ANC, which is also the President of the country, said that nationalisation will not be taking place now, then why lend your ears to the Youth League?"

Malema has recently made a call for mines to be put in the State's hands, raising the ire of organised business and opposition parties.

The ANCYL envisages a South Africa where the State owns 60% of all mines.

In December, Malema said that the ANCYL would officially release a discussion document on its mine nationalisation proposal in January. The discussion document would state the framework "on how nationalisation of mines will happen in South Africa".

Rocha acknowledged that the issue of nationalisation might be raised in 2012, at which time a decision would be made. However, all legal processes, practises and guidelines would first have to be passed to implement such a decision.

He noted that nationalisation might not always seem to make commercial or economic sense, but asked whether, constitutionally, nationalisation could be in the interest of the public, which is represented by the State.

"However, a mine is not part of national patrimony, a mine is private property, which is why this concept will have to be thoroughly analysed and a decision made on its feasibility, following the correct legal routes."

Rocha emphasised that South Africa was not a country of decree, but a democracy where all laws and processes had to be adhered to.

"You will not be woken up by the President one morning announcing that by decree he will nationalise the mines. That is just arbitrary. All policies and processes will be followed," he concluded.

Edited by: Mariaan Webb

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JACINTO ROCHA: South Africa is not a country of decree, but a democracy where all laws and processes had to be adhered to.
 
Picture by: Duane Daws
JACINTO ROCHA: South Africa is not a country of decree, but a democracy where all laws and processes had to be adhered to.