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Government Gazette

Staatskoerant
R E P U B L I C O F S O U T H A F R I CA
R E P U B L I E K VA N S U I D A F R I K A
Regulation Gazette No. 10177 Regulasiekoerant

September
Vol. 639 27 2018 No. 41934
September

ISSN 1682-5843
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2   No. 41934 GOVERNMENT GAZETTE, 27 SEPTEMBER 2018

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STAATSKOERANT, 27 SEPTEMBER 2018 No. 41934   3

IMPORTANT NOTICE:
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no fuTure queries Will be handled in connecTion WiTh The above.

Contents
Gazette Page
No. No. No.

Government Notices • Goewermentskennisgewings

Mineral Resources, Department of/ Minerale Hulpbronne, Departement van


1002 Mining Charter, 2018: Publication Of The Mining Charter, 2018 For Implementation................................................ 41934 4

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1
©ct Date:
Resources Mineral of Minister
Mantashe ede .G son S Mr

.
hereto. attached is 2018 Charter, Minting - th of copy A
publication.
this of date the from months two within gazetted be to Guidelines
Implementation the with together read be must 2018 Charter, Mining The
implementation. for 2018) Charter, (Mining 2018 Industry,
Minerals and Mining the for Charter Empowerment Economic Socio-
-Based Broad the publish 2002), of 28 No. (Act 2002 Act, Development
Resources Petroleum and Mineral the of (2) 100 section of terms
in hereby Resources, Mineral of Minister Mantashe, Gwede Samson I,
2018. INDUSTRY, MINERALS AND MINING THE FOR
CHARTER EMPOWERMENT ECONOMIC SOCIO- -BASED BROAD
41934 Mining Charter, 2018: Publication Of The Mining Charter, 2018 For Implementation 1002
27 SEPTEMBER 2018 NO. 1002
2018. OF
Government Notices • Goewermentskennisgewings NOTICE
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 4   No. 41934
NOTICE GOVERNMENT
STAATSKOERANT, 27 SEPTEMBER 2018 No. 41934   5

AND MINING THE FOR CHARTER EMPOWERMENT ECONOMIC SOCIO- -BASED BROAD
2018. INDUSTRY, MINERALS

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2
23 SKILLS CRITICAL AND CORE 2.4.7
23 DISABILITIES WITH EMPLOYEES 2.4.6
23 MANAGEMENT JUNIOR 2.4.5
23 MANAGEMENT MIDDLE 2.4.4
22 MANAGEMENT SENIOR 2.4.3
22 MANAGEMENT EXECUTIVE 2.4.2
22 BOARD 2.4.1
22 EQUITY EMPLOYMENT 2.4
21 DEVELOPMENT RESOURCE HUMAN 2.3
20 SAMPLES OF PROCESSING 2.2.6
20 DEVELOPMENT AND RESEARCH 2.2.5
20 SERVICES 2.2.4.2
19 GOODS MINING 2.2.4.1
19 DEVELOPMENT SUPPLIER AND ENTERPRISE 2.2.4
19 CONTENT LOCAL OF VERIFICATION 2.2.3
18 SERVICES 2.2.2
18 GOODS MINING 2.2.1
17 DEVELOPMENT ENTERPRISE AND SUPPLIER PROCUREMENT, INCLUSIVE 2.2
16 TARGET OWNERSHIP THE AGAINST EQUIVALENT EQUITY BENEFICIATION 2.1.7
16 RIGHTS NEW FOR SHAREHOLDING BEE OF VESTING 2.1.5
15 COMMUNITIES HOST FOR BENEFIT EQUIVALENT EQUITY 2.1.4
14 RIGHTS MINING NEW 2.1.3
14 APPLICATIONS PENDING 2.1.2
13 RIGHTS MINING EXISTING 2.1.1
13 OWNERSHIP 2.1
13 CHARTER MINING THE OF ELEMENTS 2.
12 CHARTER MINING THE OF OBJECTS 1.
8 DEFINITIONS
7 MISSION
7 VISION
CONTENTS OF TABLE
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 6   No. 41934
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3
44 A ANNEXURE 14.
36 SCORECARD 13.
35 CHARTER MINING THE OF INTERPRETATION 12.
35 CHARTERS MINING PREVIOUS OF REPEAL 11.
35 CHARTER THE OF REVIEW 10.
34 -COMPLIANCE NON 9.
33 ARRANGEMENTS TRANSITIONAL 8.
33 CHARTER MINING THE OF APPLICABILITY 7.
33 ACT METALS PRECIOUS THE AND ACT DIAMONDS
THE OF TERMS IN ISSUED PERMITS OR LICENCES OF HOLDERS BY REPORTING 6.2
32 HOLDERS RIGHT MINING BY REPORTING 6.1
32 COMPLIANCE) AND (MONITORING REPORTING 6.
32 INDUSTRY MINERALS THE
FOR PRACTICE GOOD OF CODES THE OF 3 /PARAGRAPH SECTION OF REPEAL 5.
32 DEVELOPMENT ENTERPRISE AND PROCUREMENT INCLUSIVE 4.5.3
31 DEVELOPMENT ECONOMIC SOCIO- 4.5.2
31 OWNERSHIP 4.5.1
31 ELEMENTS DEVELOPMENT ECONOMIC SOCIO- AND DEVELOPMENT SUPPLIER AND
ENTERPRISE PROCUREMENT, INCLUSIVE OWNERSHIP, THE OF APPLICATION 4.5
30 REFINERS METALS PRECIOUS AND DEALERS, DIAMOND FOR THRESHOLDS 4.4
30 BENEFICIATORS DIAMOND FOR THRESHOLDS 4.3
29 BENEFICIATORS
METALS PRECIOUS AND JEWELLERS METALS PRECIOUS FOR THRESHOLD 4.2
28 CONCEPTS OF DEFINITION AND APPLICATION 4.1
28 1986 ACT, DIAMONDS THE AND 2005 ACT, METALS PRECIOUS
THE UNDER GRANTED LICENCES TO CHARTER MINING THE OF APPLICATION 4.
27 MINERS JUNIOR FOR REGIME 3.
26 CONDITIONS LIVING OF PRINCIPLES 2.6.2
25 CONDITIONS HOUSING OF PRINCIPLES 2.6.1
25 CONDITIONS LIVING AND HOUSING 2.6
24 DEVELOPMENT COMMUNITY MINE 2.5
24 PLAN) LABOUR AND SOCIAL WITH (ALIGNED PROGRESSION CAREER 2.4.8
No. 41934   7 STAATSKOERANT, 27 SEPTEMBER 2018
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4
various the of implementation the in shortcomings of number A 2004. Charter, Mining the
in contained targets agreed and objectives the against industry, mining the transform to
made progress the of assessment comprehensive a conducted Department the 2009, In
industry. the of transformation effect to targets measurable specific with Charter Mining
the developed Minister the 2004 in Consequently, instrument. regulatory a as ") Charter
"Mining ( Industry Minerals and Mining African South the for Charter Empowerment
Economic Black -Based Broad a develop to Minister the empowers MPRDA
the of (a) (2) 100 Section industry. minerals and mining the in Persons Disadvantaged
Historically of participation meaningful the and empowerment economic based
-
broad ensure to inequalities, economic socio- historical redress to is, that objectives,
Government's of attainment the ensure to is MPRDA the of objective primary The
"). "MPRDA ( 2002) of 28 No. (Act
2002 Act, Development Resources Petroleum and Mineral the others, amongst enacted,
Government democratic the 1996, Africa, South of Republic the of Constitution the
of clause) (equality 9 Section to effect give and inequalities historical these redress To
particular. in industry mining the and broadly, society
in inequalities about brought practices and policies discriminatory of implementation
and support continued Its order. economic socio- and political African South the of feature
dominant the been has sector minerals and mining the advent, its Since Government.
apartheid the of policies exclusionary and rule colonial through economy, mainstream
the in participation meaningful from and production, of means the of ownership
from prevented and marginalised systematically were Africans South of majority The
PREAMBLE
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 8   No. 41934
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5
beneficiaries.
intended their to benefits of flow the constrained communities and employees
mine of interest the holding trusts administration, inefficient of result a As
and inadequate; wholly is partners, BEE to directly flow
-
cash provide to and debt service to sought which benefits; of flow trickle The
following: the to owing limited, remains
Persons Disadvantaged Historically by participation meaningful of achievement The
nation. the of behalf on wealth mineral Country's the of custodian the being
State, the despite poverty abject in live to continue communities mining of majority The
and "; operate to license "social the protect to means as of thought
generally was compliance and embraced, fully not was Charter Mining the of spirit The r
low; unacceptably remains industry mining the of transformation overall However,
compliance. of levels the in improvement noticeable a is there instances, some In
following: the highlighted assessment The assessment. second a
conducted Department the effect, into came Charter Mining the after decade a 2014, In
industry. mining the of growth and transformation sustainable enhance to sought
which element, Development Sustainable the introduced also Charter Mining amended
The objectives. its of attainment the expedite and streamline to 2010 in amended
was Charter Mining the Necessarily, Conditions. Living and Housing and Development,
Community Mine Development, Resource Human Beneficiation, Equity, Employment
Procurement, Ownership, namely, identified; were Charter Mining the of elements
No. 41934   9 STAATSKOERANT, 27 SEPTEMBER 2018
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6
sectors. diamond and metals precious the to relating
provisions the to amendments and miners junior to applicable provisions new introduces
2018, Charter, Mining the regard, this In sector. minerals downstream and upstream
the of competitiveness for important is sector, diamond the and sector metals precious
sector; mining junior the of transformation and growth that recognises further review The
MPRDA. the of objects the with accordance
in Persons Disadvantaged Historically of participation meaningful ensure to intended
is legislation of harmonisation The legislation. other with harmonise to targets and terms
definitions, new introducing by certainty regulatory about bring and ambiguities remove
to seeks Charter Mining reviewed the Hence enforcing. re- mutually are growth and
competitiveness -vis -à vis transformation that recognises Charter Mining the of review The
industry.
minerals and mining the of transformation meaningful and -based broad effecting for
tool a as Charter Mining the of effectiveness the strengthen to was intention The 2015.
in process review comprehensive another initiated Government backdrop, this Against
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 10   No. 41934
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7
policies. transformation Government's harmonise
and Constitution the of 9 Section MPRDA, the of (2)(a) 100 Section to effect give To
MISSION
industry. mining the of development and growth transformation, sustainable facilitate To
VISION
No. 41934   11 STAATSKOERANT, 27 SEPTEMBER 2018
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8
in: Persons
Disadvantaged Historically of participation meaningful the means ownership" "Effective
shareholder; a of rights economic other and gains capital
dividends, to shareholders BEE of entitlement legal the means Interest" "Economic
etc.); race, gender, structure, age, size, population (e.g. population
provincial or national a of characteristics numerical the means "Demographics"
company;
mining a of operations and production both in levels, organisational across skills
mathematical and engineering technology, science, to refer skills" critical and "Core
asset; the of development from holder right a by recovered
be shall interest carried the for cost The encumbrance. any of free and them to cost no at
communities host and employees qualifying to issued shares means interest" "Carried
exported; or locally consumed be either can which Minister, the by
determined be to baselines over product, value higher a to minerals) of combination a (or
product mineral or mineral a of processing downstream or addition value transformation,
the means beneficiation Charter, Mining the of purposes for "Beneficiation"
Persons; Disadvantaged Historically
by ownership vote +1 25% minimum and Practice, Good of Codes Empowerment
Economic Black -Based Broad Industry's and Trade of Department the of terms in
status 4 level -BBEE B minimum a with company a means company" compliant "BEE
employees; qualifying and
Communities Host Entrepreneur(s), BEE by held shares to refers shareholding" "BEE
interest; economic
of 51% and rights voting exercisable of 51% least at with employees) qualifying and
communities host (excluding Persons Disadvantaged Historically by owned 51% least at
is that enterprise or Person Disadvantaged Historically a to refers entrepreneur" "BEE
Charter. Mining the in used are which concepts and terms defines section This
DEFINITIONS
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 12   No. 41934
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9
Africa; South in produced is that good
mining the of manufacturing or assembly during added value the means content" "Local
1999); of
9 No. (Act 1999 Act, Levies Development Skills the in defined as is amount" "Leviable
activities; business its of part as holder right mining a such by
mined minerals beneficiates that holder right mining a to refers producer" "Integrated
MPRDA; the in defined as area, mining the to adjacent
municipality metropolitan or local a within community a to refers community" "Host
Charter, Mining the of commencement
the to prior concluded Transactions BEE to refers Transactions" BEE "Historical
Principle; Through Flow- the
including interest, economic and rights voting exercisable of 51% least at hold Persons
Disadvantaged Historically which in entity an to refers Charter, Mining the of purposes
the for - Company" Controlled and Owned Persons Disadvantaged "Historically
MPRDA; the in defined
as persons Disadvantaged Historically to refers Persons" Disadvantaged "Historically
2018; Charter, Mining the of commencement the to prior granted right mining a of holder
-
a to refers element; ownership the of purposes for holder" right mining "Existing
communities; host
of benefit the for up set vehicle similar or trust a to cost no at holder, right mining the of
capital share issued the to equivalent percentage a to refers benefit" equivalent "Equity
operations; mining of control management (iv)
and Principle; Through Flow- the using measured right, dividend a to nature
in similar entity the of ownership on return a representing interest economic (iii)
Principle; Control or Principle Through Flow- the using measured
participant a for held or by owned instrument equity an to attaching rights voting (ii)
ownership; value net unencumbered the (i)
No. 41934   13 STAATSKOERANT, 27 SEPTEMBER 2018
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10
2018; Charter, Mining the of commencement
the to prior accepted and lodged applications to refers applications" "Pending
fuel; and taxes) and rates water, (electricity, utilities rail, from procurement
excluding budget procurement total means expenditure" discretionary "Non-
time; over shareholders to accrues which equity of value the to refers value" "Net
2002); of 28
No. (Act 2002 Act, Development Resources Petroleum and Mineral the means "MPRDA"
holder; right a of behalf on contractor a
by or holder right a by used consumables and goods capital to refers Goods" "Mining
2002); of 28 No. (Act 2002 Act, Development Resources Petroleum and Mineral
the of 100 section of terms in developed Industry; Minerals and Mining the for Charter
Empowerment Economic Socio- -Based Broad the means 2018" Charter, "Mining
used; instrument the of form legal the of regardless thereto incidental
anything and affected, herein commodity the of marketing and trading to, limited
not but including aspects, all in rights voting of exercising meetings, general annual
at participation full to them entitling rights shareholder full with shareholders BEE (e)
and projects; mining
other in reinvest to transaction the of life the over interest vested such to proportion
in equity leverage can vested has that interest vested with shareholders BEE (d)
legislation; relevant of provisions the to subject shareholders, BEE to paid dividends
trickle or distributions monetary other or declared, dividends of percentage A (c)
shareholders; BEE to accrued has which
factor graduation time the upon based value net unencumbered of percentage A (b)
communities; host and employees qualifying as well as women; including
Persons, Disadvantaged Historically of form the in partners identifiable Clearly (a)
attributes: key following the to refers participation" economic "Meaningful
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 14   No. 41934
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11
vote. members' the of majority the control to able are and
interest; members' or capital share issued the of majority control and own group,
a as or collectively persons, the where (a) paragraph in contemplated /s person
a by controlled and managed person juristic a (b) or demographics; provincial or
national on based years 35 to 18 of ages the between citizens African South young (a)
to: refers Charter, Mining the of purposes the for "Youth"
and interest; economic and rights voting exercisable of % 51 least at hold women
African South which in entity an to refers company" controlled and owned "Women
overheads; and
value brand as such value intangible -up, mark profit excludes content local of calculation
The Africa. South in product the of manufacturing or assembly the during content
local 60% of minimum a with goods to refers goods" manufactured African "South
laws. African South to
subject and Country the in operations with 2008), of 71 (Act Act Companies the of terms
in registered andincorporated company a to refers Company" Based African "South
MPRDA; the of 23
section in contemplated Plan Labour and Social the to refers Plan" Labour and "Social
mine; the to supplementary are which services
other any and insurance cleaning, consulting, medical, finance, payroll, security, services,
technology information transportation, shipping, legal, marketing, mineral trading, mineral
drilling, services, production mining to, limited not is but includes which holder, right a of
behalf on contractor a by or holder, right a by contracted services to refers "Services"
agreement; employment their of condition a as company
same the in shares hold already who employees excluding company, mining a of
employees to refers element, ownership the of purposes the for employees" "Qualifying
No. 41934   15 STAATSKOERANT, 27 SEPTEMBER 2018
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12
commodities. mineral Africa's South of beneficiation promote To (i)
and industry; mining the of spend procurement the
leveraging by sector inputs mining local the of development and growth enable To (h)
industry; mining the of competitiveness and growth sustainable promote To (g)
cohesion; social
achieve to as so Africans South of welfare economic and social the enhance To (f)
industry; the of productivity and
competitiveness achieve to workforce the diversify and employment advance To (e)
Persons; Disadvantaged
Historically of empowerment the for base skills existing the expand and utilise To (d)
resources; mineral nation's the of exploitation the from
benefit to and industry minerals and mining the enter to Persons Disadvantaged
Historically of opportunities expand meaningfully and substantially To (c)
injustices; and imbalances
past of redress through industry mining the in patterns ownership deracialise To (b)
-
wealth; mineral its all including country
its of life the over boundaries; its within laws make and authority exercise to right
its sovereignty; State of principle recognised internationally the of affirmation The (a)
are: 2018 Charter, Mining the of objects The
CHARTER MINING THE OF OBJECTS 1.
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 16   No. 41934
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13
lodged.
is application renewal right mining a that time the at applicable requirements
Charter Mining to subject be shall right mining existing an of renewal A 2.1.1.6
right. mining a of renewal or right mining new a for
application an to apply not shall consequences continuing of recognition The 2.1.1.5
thereof. part or right
mining such of transfer upon lapse shall and transferrable be not shall right,
mining existing an of respect in consequences, continuing of recognition The 2.1.1.4
granted. were rights mining order new which upon basis the formed
which transactions BEE historical all including assets or shares production,
of units on level, right mining level, company holding at concluded transactions
historical include shall consequences continuing of recognition The 2.1.1.3
renewal. upon applicable be not will recognition
such and right mining a of duration the for compliant as recognised be
shall 2018, Charter, Mining the of commencement the to prior exited /s partner
BEE whose and shareholding, BEE 26% of minimum a achieved right, mining
a of existence the during stage any at who, holder right mining existing An 2.1.1.2
right.
mining the of duration the for compliant as recognised be shall shareholding
BEE 26% of minimum a achieved has who holder right mining existing An 2.1.1.1
RIGHTS MINING EXISTING 2.1.1
following: the with comply must holder right mining a Persons', Disadvantaged
Historically the by resources mineral country's the of ownership effective and economy;
mainstream the into integration participation; economic meaningful to effect give To
OWNERSHIP 2.1
CHARTER MINING THE OF ELEMENTS 2.
No. 41934   17 STAATSKOERANT, 27 SEPTEMBER 2018
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14
Entrepreneur. BEE
by control and ownership % 51 below diluted be not shall (iv) subparagraph
in to referred shares 20% minimum the of holder right mining A (v)
women. for be preferably must which of 5% Entrepreneur,
BEE a to shares of form the in ownership effective 20% of minimum A (iv)
benefit. equivalent equity or
interest carried communities' host and interest carried employees qualifying
reduce not shall shares, new of issue the through shareholders existing
of shareholding in reduction any that ensure shall holder right mining A (iii)
right; mining a of date
effective the from communities host to herein defined as benefit equivalent
equity 5% minimum a or interest carried -transferrable non 5% of minimum A (ii)
right; mining a of date effective the from
employees qualifying to interest carried -transferable non 5% of minimum A (i)
manner:
following the in distributed be must shareholding BEE 30% of minimum A 2.1.3.2
right. mining a holds which company mining the in or right mining per
rights voting of percentage corresponding plus interest economic include shall
which shareholding, BEE 30% of minimum a have must right mining new A 2.1.3.1
RIGHTS MINING NEW 2.1.3
%. 30 of minimum a to
shareholding BEE increase right, mining such of date effective the from years
(five) 5 of period a within must, 2.1.2.1 in contemplated holder right mining A 2.1.2.2
shareholding.
BEE 26% of minimum a with 2010 Charter, Mining the of requirements
the of terms in processed be shall 2018, Charter, Mining the of commencement
the to prior accepted and lodged was which application, pending A 2.1.2.1
APPLICATIONS PENDING 2.1.2
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 18   No. 41934
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15
MPRDA. the of 23
Section in contemplated as commitments Plan Labour and Social replace not
shall element this under approved programme development community host A 2.1.4.2
community. host the within used commonly languages two least, at in,
published be must programme development community host approved An 2.1.4.1.7
budget; total the of 8% exceed not may vehicle similar or Trust
the of fees consultation and management project costs, administration All 2.1.4.1.6
benefit; equivalent equity the
of governance and distribution fund programme, development community
host others, amongst for, responsible be shall vehicle similar or Trust The 2.1.4.1.5
needs; development community
host identify stakeholders; affected and authorities traditional communities,
host municipalities, relevant with consultation in must, holder right mining A 2.1.4.1.4
companies; mining and etc.) Authorities,
Traditional Organisations, Based Community (including communities
host from representation of comprise shall vehicle similar or Trust The 2.1.4.1.3
right; mining the of duration the for legislation applicable of
terms in administered and established be shall vehicle similar or Trust The 2.1.4.1.2
communities; host of benefit the for up set vehicle similar or trust a to cost
no at holder, right mining the of capital share issued the of equivalent 5% 2.1.4.1.1
follows: as administered
be shall (ii) 2.1.3.2 paragraph in to referred benefit equivalent equity The 2.1.4.1
COMMUNITIES HOST FOR BENEFIT EQUIVALENT EQUITY 2.1.4
apply. will Principle Through
-
Flow the level, right mining at than other level any at concluded is shareholding
BEE where However, assets. or shares production, of units on level,
right mining level, company holding at concluded be may shareholding BEE 2.1.3.3
No. 41934   19 STAATSKOERANT, 27 SEPTEMBER 2018
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16
shareholding. Entrepreneur BEE a of points percentage 5
of maximum a against equivalent equity the claim may holder right mining A 2.1.7.1.1
follows: as Entrepreneur BEE a against mechanism equivalent equity
an for provides element this end, this To Programme. Industrialisation National
the to effect give to beneficiation mineral on strategy a adopted Africa South 2.1.7.1
TARGET OWNERSHIP THE AGAINST EQUIVALENT EQUITY BENEFICIATION 2.1.7
applications. renewal right mining or rights mining future
against claimed be not shall deals previous of consequences of recognition The 2.1.6.2
Department. the to submitted is shareholders BEE and
holder right mining the between contract a constituting obligations financial
remaining shareholders' BEE and mechanisms exit detailing agreement An 2.1.6.1.4
and; shareholding; BEE to vested has which ownership effective measured
to applicable be only shall credentials empowerment of recognition The 2.1.6.1.3
realised; been have must value net unencumbered an
and right, mining the of duration the of third a to equivalent period minimum
a for shares empowerment the held have must shareholder BEE The 2.1.6.1.2
disposal; of time the at 2018 Charter,
Mining the of requirements the with compliant is holder right mining A 2.1.6.1.1
that: provided right, mining the of duration the for recognised be
shall credentials empowerment holder's right mining a shareholding, minimum
prescribed the below of disposed is thereof part or shareholding BEE a Where 2.1.6.1
RIGHTS MINING
NEW AND EXISTING OF RESPECT IN SHAREHOLDING BEE OF DISPOSAL 2.1.6
right.
mining a of duration the for apply shall target 30% minimum prescribed The 2.1.5.2
and right; mining a of
duration the of thirds two within vest shall shareholding BEE 50% of minimum A 2.1.5.1
RIGHTS NEW FOR SHAREHOLDING BEE OF VESTING 2.1.5
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 20   No. 41934
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17
minerals of concentration) and (crushing processing or extraction undertake to contractor
a of services and goods procures holder right mining a where instances In services.
and goods mining of suppliers and enterprises micro and medium small, of nurturing or
development the through growth economic to required is holder right mining A
services. and goods country's
the to access market widening and jobs decent creating growth, economic expanding
for opportunities provide services and goods manufactured African South of Procurement
DEVELOPMENT ENTERPRISE AND SUPPLIER PROCUREMENT, INCLUSIVE 2.2
plan. equivalent equity beneficiation approved the with line in
Department, the to report progress annual an submit must holder right mining A 2.1.7.2
2004. since made investment
monetary or undertaken, activities related beneficiation existing other Any v.
entities; beneficiation mineral based African South in investment Monetary iv.
price; gate mine the to discount
a at entities beneficiation owned Entrepreneur BEE to supplied ore Mineral iii.
beneficiated; is that production producer's integrated an of Portion ii.
price; gate mine the to discount a at entities beneficiation based
African South independent to supplied products mineral or ore Mineral i.
following: the to subject
credits equivalent equity for apply to entitled be will holder right mining A 2.1.7.1.5
guidelines. implementation
Charter Mining the in outlined as approval, for Plan Equivalent
Equity Beneficiation a Department the to submit must holder right mining A 2.1.7.1.4
Entrepreneur.
BEE of portion a against claimed be only may Equivalent Equity 2.1.7.1.3
right. mining the of duration the for offset the retain shall
2018, Charter, Mining of commencement the to prior offset beneficiation
points percentage (11) eleven the claimed right mining existing An 2.1.7.1.2
No. 41934   21 STAATSKOERANT, 27 SEPTEMBER 2018
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18
company. compliant BEE by supplied services on spent be must 10% 2.2.2.1.4
and youth; by supplied services on spent be must 5% 2.2.2.1.3
companies;
controlled and owned women by supplied services on spent be must 15% 2.2.2.1.2
company; controlled and owned Persons
Disadvantaged Historically by supplied services on spent be must 50% 2.2.2.1.1
follows: as allocated be shall
80% The company. based African South from sourced be must expenditure)
-discretionary non (excluding services on spend total the of 80% of minimum A 2.2.2.1
SERVICES 2.2.2
company. compliant
BEE a by produced goods manufactured African South on spent be to 44% 2.2.1.1.3
and company; controlled and owned youth or
women a by produced goods manufactured African South on spent be to 5% 2.2.1.1.2
company; controlled and owned Persons Disadvantaged Historically
a by produced goods manufactured African South on spent be to 21% 2.2.1.1.1
follows: as allocated be shall 70%
The goods. manufactured African South on be must expenditure) discretionary
- non 2.2.1.1
(excluding spend procurement goods mining total of 70% of minimum A
GOODS MINING 2.2.1
criteria: following the to adhere policies procurement its that ensure
and operations its in required be will that and goods all identify must holder
right mining a development; enterprise and supplier procurement, inclusive achieve To
holder. right mining
the by procured been have to deemed be will services and goods such behalf, their on
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 22   No. 41934
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19
development. supplier against offset be expenditure) discretionary
- non
(excluding goods mining on budget procurement total the of 30% to Up 2.2.4.1.1
GOODS MINING 2.2.4.1
follows: as obligations element procurement its offset may it which
against development supplier and enterprise in invest may holder right mining A (b)
addition. value and production of sectors critical
in base industrial Africa's South build and services and goods mining sourcing
of competitiveness cost and ease the enhance procurement; local strengthen
to is development enterprise and supplier implementing for purpose The (a)
DEVELOPMENT SUPPLIER AND ENTERPRISE 2.2.4
Minister. the by designated entity other
any or (SABS) Standards of Bureau African the from certification of form
the in goods mining for content local of proof provide shall holder right mining A 2.2.3.2
Industry.
and Trade of Department the by developed system coding identification
product standardised a with line in goods procure must holder right mining A 2.2.3.1
CONTENT LOCAL OF VERIFICATION 2.2.3
holder. right mining a by
incurred expenditure actual the be must reported expenditure procurement All 2.2.2.4
suppliers. other to offered those
than favourable less not are youth, or companies, controlled and owned women
to offered conditions and terms the that ensure must holder right mining A 2.2.2.3
arrangements.
transitional the in outlined as years, (5) five of period a within progressively
with complied be must targets procurement -mentioned above The 2.2.2.2
No. 41934   23 STAATSKOERANT, 27 SEPTEMBER 2018
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20
chain. value mining the across samples mineral all of 100% of analysis the
for companies or facilities based African South use must holder right mining A 2.2.6.1
SAMPLES OF PROCESSING 2.2.6
sector. private or public in either entities,
development and research based African South on budget development
and research total its of 70% of minimum a spend must holder right mining A 2.2.5.1
DEVELOPMENT AND RESEARCH 2.2.5
years. 5 of minimum a for be
must supplier recipient the and holder right mining a between contract The (d)
and developed; being Enterprise or Supplier recipient
the and holder right mining a between agreement written a be must There (c)
Development; Enterprise on
expenditure as claimed be not may Development Supplier on Investment (b)
annum; per million R50 than less of turnover
a with company controlled and owned Persons Disadvantaged Historically
a in only invested be must Development Enterprise and Supplier (a)
follows:
as implemented be must 2.2.4.4.1 and 2.2.4.3.1 in to referred Percentages 2.2.4.2.2
development.
enterprise and supplier against offset be may expenditure) discretionary
- non
(excluding services on budget procurement total the of 10% to Up 2.2.4.2.1
SERVICES 2.2.4.2
Guidelines. Implementation the in prescribed as (OEMs) Manufacturers
Equipment Original through suppliers develop may holder right mining A 2.2.4.1.2
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 24   No. 41934
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21
demographics. provincial or national with line in apportioned
be must 2.3.1 paragraph in to referred investment research and skilling The 2.3.3
executives. and directors exclude 2.3.1 paragraph in contemplated Employees 2.3.2
rehabilitation. and conservation environmental as well as
beneficiation mining), in use water and (energy efficiency technology processing,
mining, exploration, in solutions of development and research programmes,
training graduate members), (community -employees non and employees
for skills numeracy and literacy bursaries, apprentices, learnerships, internships,
artisans, as well as skills, mathematics engineering, technology, science,
as such activities development skills essential on amount leviable the of 5% Invest 2.3.1
manner: following the in invested be must 5% minimum
The development. skills essential on levy) development skills statutory the (excluding
amount leviable of 5% minimum a invest must holder right mining a regard, this In
diversification. economic regional and local led
-
mining create and livelihoods, people's improve that skills entrepreneurial develop
and Persons; Disadvantaged Historically of prospects employment
the improve and workforce the of productivity enhance that skills develop
industry;
modern a of demands the meet to workforce diverse and trained skilled, a produce
to is 2018, Charter, Mining the of aim the
based, knowledge- is industry mining the Since growth. sustainable and transformation
competitiveness, of part integral an constitutes Development Resource Human
DEVELOPMENT RESOURCE HUMAN 2.3
guideline. implementation Charter Mining the in prescribed
as Minister, the of consent written prior the without companies or facilities
-based foreign using analysis sample conduct not may holder right mining A 2.2.6.2
No. 41934   25 STAATSKOERANT, 27 SEPTEMBER 2018
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22
women. be must which of 25%
demographics, national or provincial of terms in represented proportionally
Management Senior in Persons Disadvantaged Historically 60% of minimum A 2.4.3.1
MANAGEMENT SENIOR 2.4.3
women. be
must which of 20% demographics, national or provincial of terms in represented
proportionally directors executive all of percentage a as level director
executive the at Persons Disadvantaged Historically 50% of minimum A 2.4.2.1
MANAGEMENT EXECUTIVE 2.4.2
women. be must which of 20% demographics,
national or provincial of terms in represented proportionally rights,
voting exercisable with Persons Disadvantaged Historically 50% of minimum A 2.4.1.1
BOARD 2.4.1
manner: following the in demographics national
or provincial the reflects that Persons Disadvantaged Historically of threshold minimum
a achieve must holder right mining a industry, mining the in categories occupational
core and positions; -making decision all at Persons Disadvantaged Historically
of participation ensure as well as workplace, diverse a create To competitiveness.
and transformation cohesion, social for catalysts are levels all at representation
equitable and diversity workplace Act, Equity Employment the with Consistent
workforce.
the of levels occupational all in representation equitable ensuring and groups; designated
by experienced disadvantages redress to measures action affirmative of implementation
the discrimination; unfair eliminate to employment in treatment fair and opportunity equal
of promotion the Hence workplace. the in equity achieve to is tool this of intention The
EQUITY EMPLOYMENT 2.4
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 26   No. 41934
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23
demographics.
the of reflective be must implementation abovementioned The 2.4.7.1.2
Plan. Labour and
Social approved the with line in pool skills existing its implement and Identify 2.4.7.1.1
must: holder
right mining a this, achieve To levels. organisational all across representation
skills mathematical and engineering technology, science, include
must skills critical and Core pool. skills existing its diversifying by skills critical
and core holder's right mining the in represented are Persons Disadvantaged
Historically 60% of minimum a that ensure must holder right mining A 2.4.7.1
SKILLS CRITICAL AND CORE 2.4.7
demographics. provincial or national of reflective employees,
all of percentage a as disabilities with employees 1.5% of minimum A 2.4.6.1
DISABILITIES WITH EMPLOYEES 2.4.6
women. be must which of 30%
demographics, national or provincial of terms in represented proportionally
Management Junior in Persons Disadvantaged Historically 70% of minimum A 2.4.5.1
MANAGEMENT JUNIOR 2.4.5
women. be must which of 25% demographics,
national or provincial of terms in represented proportionally Management
Middle in Persons Disadvantaged Historically of 60% of minimum A 2.4.4.1
MANAGEMENT MIDDLE 2.4.4
No. 41934   27 STAATSKOERANT, 27 SEPTEMBER 2018
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24
be must Plans Labour and Social Approved Plans. Labour and Social approved
their with line in impact, developmental economic socio- the maximise to projects
identified on collaborate may area, same the in operating holders right Mining 2.5.2
holder. right mining a of Plan
Labour and Social approved and prescribed the in contained be must priorities
developmental identified The communities. mine of priorities developmental
identify stakeholders, affected and authorities traditional communities, mine
municipalities, relevant with consultation in must, holder right mining a Therefore, 2.5.1
operate. to license social the of principles
the with keeping in and size, and impact of terms in both communities mine towards bias
a with Development; Community Mine towards contribute meaningfully must holder right
mining A needs. development economic socio- community's mine and mining between
balance a requires which development, mining of part integral an form communities Mine
DEVELOPMENT COMMUNITY MINE 2.5
measures. equity employment address to change may element this
under indicated targets The industry. mining the of control and management
the in participation active Persons' Disadvantaged Historically for objectives
2018 Charter, Mining and MPRDA's the with line in shareholders; BEE
include must targets management executive and board prescribed above The 2.4.8.2
framework.
implementation and timeframes targets, with plan comprehensive A 2.4.8.1.4
and needs; the with line in tracked fast be to pool talent identified An 2.4.8.1.3
employees; for plans development Individual 2.4.8.1.2
timeframes); and requirements
entry minimum of (inclusive discipline each of matrices development Career 2.4.8.1.1
following: the providing by country the of demographics the with consistent
plan progression career a implement and develop must holder right mining A 2.4.8.1
PLAN) LABOUR AND SOCIAL WITH (ALIGNED PROGRESSION CAREER 2.4.8
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 28   No. 41934
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25
institutions. housing in employees mine for tenure Secure
and settlements; human of integration economic and physical social, for Provision
ownership; home for Provision
housing; affordable and Decent
CONDITIONS HOUSING OF PRINCIPLES 2.6.1
principles: following the others, amongst provides, Standard The MPRDA. the of 100
Section of terms in developed Industry, Minerals and Mining the for Standard Conditions
Living and Housing the in stipulated as employees, mine of conditions living and
housing of standard the improve must companies mining regard, this In conditions. living
and housing of terms in industry, mining the in transformation expediting and productivity
enhancing towards hallmarks remain employees mine of privacy and dignity Human
CONDITIONS LIVING AND HOUSING 2.6
communities. mine with
consulted and MPRDA the of 102 section of terms in approved be shall budget,
the including commitments, Plan Labour and Social of /variation amendments
Any holder. right mining the of year financial given any in commitments
Plan Labour and Social of 100% implement must holder right mining A 2.5.4
municipality. district or municipality metropolitan municipality, local
a within communities adjacent areas, sending labour major place, takes mining
where communities to refers Community" "Mine term the projects Development
Community Mine and Plans Labour and Social the implementing of purposes For 2.5.3
community.
mine the within used commonly language(s) dominant a and English in published
No. 41934   29 STAATSKOERANT, 27 SEPTEMBER 2018
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26
Standard.
Conditions Living and Housing Reviewed the of finalisation the pending employees; with
to agreed arrangement other any and units family units, single of maintenance ensure
Standard; Conditions Living and Housing the with comply must holder right mining A
principles. conditions living and housing aforementioned
the of implementation the for timelines and targets clear provide to reviewed be
shall Standard Conditions Living and Housing The Settlements. Human of Department
the and labour organised with consultation after Department, the by approved be
to Plan Conditions Living and Housing a submit to required be shall holder right mining A
nutrition. Balanced
and system, health sustainable and equitable Affordable,
services; healthcare Proper
CONDITIONS LIVING OF PRINCIPLES 2.6.2
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 30   No. 41934
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27
Development. Community Mine
level.
group at Equity Employment
Procurement. Inclusive Rands. Million
Development Resources Human 150 to Rands million 10
undefined. Ownership of -over turn annual An
Development.
Development. Community Mine
Supplier and Enterprise
Development. Resource Human Procurement, Inclusive
employees. more or 10 employees. 10 than less
Equity Employment Equity Employment Rands Million 10 than
undefined. Ownership less of -over turn Annual
ELEMENTS/TARGETS ELEMENTS/TARGETS
FOLLOWING THE FOLLOWING CRITERIA
WITH COMPLY TO REQUIRED THE FROM EXEMPT QUALIFYING
below; table the in outlined as criteria qualifying appropriate the determine
to used Rands; Million 150 than less of turnover annual combined a having rights;
mining multiple or single a with holder right mining a to limited is applicability Its 2018.
Charter, Mining the of commencement after granted right mining a to applies part This
MINERS JUNIOR FOR REGIME 3.
No. 41934   31 STAATSKOERANT, 27 SEPTEMBER 2018
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28
2018.
Charter, Mining the in out set as targets and elements relevant with comply
shall Act Diamonds the and Act Metals Precious the of terms in holder licence or
permit a below, tables the of terms in exemption the of extent the Recognising 4.1.4
below. table the with line in Acts these under licences
to apply therefore shall 2018 Charter, Mining the of elements and targets The 4.1.3
Act; Diamonds the and Act Metals Precious the of terms in issued
permit or licence a to reference as construed be must holder right Mining 4.1.2.3
consumables;
and goods capital to reference as construed be must goods Mining 4.1.2.2
Development; Economic Socio
to reference as construed be must Element Development Community Mine 4.1.2.1
to: 2018 Charter, Mining the of 2 Clause and definitions in reference Any 4.1.2
changes;
necessary the with apply shall 2 Clause and definitions part, this of purposes For 4.1.1
CONCEPTS OF DEFINITION AND APPLICATION 4.1
Acts. these of terms in lodged applications considering when 2018 Charter, Mining the of
requirements the to regard have to (SADPMR) Regulator Metals Precious and Diamond
African South the for provide 2005 Act, Metals Precious the and 1986 Act, Diamonds The
1986 ACT, DIAMONDS THE AND 2005 ACT, METALS PRECIOUS THE
UNDER GRANTED LICENCES TO CHARTER MINING THE OF APPLICATION 4.
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 32   No. 41934
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29
Charter. Mining million. Enterprises.
the of elements the All None. R50 than Greater larger to Medium
employees).
employees). more 10 than less
or 10 with businesses with businesses of
of respect (in Element respect (in Element
Equity Employment Equity Employment
Element.
Development
Enterprise
and Supplier
Element. Development Procurement,
Resources Human Inclusive
Element. Million. R50 to
Development Million R1 turnover
Undefined Ownership: Economic Socio max Estimated Enterprises. Small
students).
targets. Million. R1 (including
and Elements than less turnover Enterprises
None. Charter Mining All max Estimated Micro Exempted
TARGETS
FOLLOWING TARGETS
THE WITH COMPLY FOLLOWING THE CRITERIA CLASS OR
TO REQUIRED FROM EXEMPT QUALIFYING /SIZE CATEGORY
BENEFICIATORS METALS
PRECIOUS AND JEWELLERS METALS PRECIOUS FOR 4.2THRESHOLD
No. 41934   33 STAATSKOERANT, 27 SEPTEMBER 2018
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30
sizes. and classes
Charter. the of elements All None. None. categories, All
TARGETS TARGETS
FOLLOWING THE WITH FOLLOWING THE CRITERIA CLASS OR
COMPLY TO REQUIRED FROM EXEMPT QUALIFYING /SIZECATEGORY
REFINERS.
METALS PRECIOUS AND DEALERS, DIAMOND FOR 4.4THRESHOLDS
Charter. million. R50 than Enterprises.
Mining the of elements the All None. greater Turnover larger to Medium
Element.
Development Enterprise
Related Industry and Supplier
Procurement, Inclusive
employees).
10 than less
employees). more or 10 with businesses of
with businesses of respect (in respect (in Element
Element Equity Employment Equity Employment
Element. Development
Resources Human
Element.
Undefined Development Million. R50 than
Element: Ownership Economic Socio less of Turnover Enterprises. Small
TARGETS TARGETS
FOLLOWING THE WITH FOLLOWING THE CRITERIA CLASS OR
COMPLY TO REQUIRED FROM EXEMPT QUALIFYING /SIZECATEGORY
BENEFICIATORS DIAMOND FOR 4.3THRESHOLDS
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 34   No. 41934
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31
language. other one and English
in published be must development economic socio for identified Projects 4.5.2.2
development.
economic socio- towards NPAT 1% contribute must holder licence The 4.5.2.1
DEVELOPMENT ECONOMIC SOCIO- 4.5.2
applies. principle
through flow the right, mining the of terms in claimed those as shareholders
BEE same the claims and holder right mining a also is refiner a Where 4.5.1.4
entrepreneur. BEE a to shares 20% of minimum 4.5.1.3.2A
permit. or licence a of date effective the from employees qualifying
to interest, carried -transferable non a is 5% which of %, 10 of minimum 4.5.1.3.1A
follows: as distributed be must refiners
metals precious and dealers, diamond by shareholding BEE 30% The 4.5.1.3
entrepreneur. BEE a to shares 16% of minimum 4.5.1.2.2A
permit. or licence a of date effective the from employees qualifying
to interest, carried -transferable non a is 5% which of %, 10 of minimum 4.5.1.2.1A
manner: following the in distributed be must shareholding BEE 26% The 4.5.1.2
Persons. Disadvantaged Historically for shareholding 26% of minimum
a is beneficiators diamond and jewellers metals precious and diamonds
downstream the for target ownership the resources, mineral country's
the of beneficiation encourage to policies Government the with line In 4.5.1.1
OWNERSHIP 4.5.1
ELEMENTS DEVELOPMENT
ECONOMIC SOCIO- AND DEVELOPMENT SUPPLIER AND ENTERPRISE
PROCUREMENT, INCLUSIVE OWNERSHIP, THE OF APPLICATION 4.5
No. 41934   35 STAATSKOERANT, 27 SEPTEMBER 2018
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32
target. set the of -achievement non the in result may
that constraints material of impact the of cognisant implementation, evaluate and monitor
shall Department The MPRDA. the of (c) (2) 28 Section by for provided as annually,
2018 Charter, Mining the with compliance of level its report must holder right mining A
HOLDERS RIGHT MINING BY REPORTING 6.1
COMPLIANCE) AND (MONITORING REPORTING 6.
repealed. hereby is 2009 April 29 of 32167 No. Gazette Government
in published Industry Minerals the for Practice Good of Codes the of 3 Clause
INDUSTRY MINERALS THE FOR
PRACTICE GOOD OF CODES THE OF 3 /PARAGRAPH SECTION OF REPEAL 5.
plan.
-year five approved the against annually verified and audited reported, be
must development enterprise on performance holder's permit or licence A 4.5.3.4
development. enterprise approved the of implementation progressive
indicating plan -year five a submit must above, for provided thresholds
the per as element, this with comply to required holder permit or licence A 4.5.3.3
Regulator. Metals Precious and Diamonds African South the by approved
and -related industry be must section this under development Enterprise 4.5.3.2
element.
fenced ring- a and compulsory is Act Metals Precious the or Act Diamonds
the of terms in issued permit or licence a for development Enterprise 4.5.3.1
DEVELOPMENT ENTERPRISE AND PROCUREMENT INCLUSIVE 4.5.3
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 36   No. 41934
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33
follows: as be shall period transitional the within targets procurement with Compliance 8.2
targets. procurement inclusive of implementation progressive indicating plan year
-
five a submit 2018 Charter, Mining the of publication of date the from months (6) six
within must holder right mining A element. procurement inclusive the for years (5) Five 8.1
follows: as requirements revised the meet to period, transitional the within targets 2010
Charter, Mining the from targets existing align progressively must holder right mining A
ARRANGEMENTS TRANSITIONAL 8.
time. all at compliance 100% requiring elements fenced ring- are elements Development
Enterprise and Supplier Procurement, Inclusive and Ownership the Act, Metals Precious
the and Act Diamonds the of terms in issued permits or licences of holders For 7.3
time. all at compliance 100% requiring fenced, ring- are
elements Development Community Mine and Ownership the holders, right Mining For 7.2
herein. for provided as Act Metals Precious the and Act Diamonds the
of terms in issued permits and licences new and Act Metals Precious and Act Diamonds
the of terms in issued permits and licences existing rights, mining new application,
right mining pending rights, mining existing to applies 2018 Charter, Mining The 7.1
CHARTER MINING THE OF APPLICABILITY 7.
target. set the of -achievement non the in
result may that constraints material of impact the of cognisant implementation, evaluate
and monitor shall SADPMR The Regulator. Metals Precious and Diamonds African
South the to 2018 Charter, Mining the with compliance of level its report annually must Act
Metals Precious the or Act Diamonds the of terms in issued permit or licence a of holder A
ACT METALS PRECIOUS THE AND ACT DIAMONDS THE
OF TERMS IN ISSUED PERMITS OR LICENCES OF HOLDERS BY REPORTING 6.2
No. 41934   37 STAATSKOERANT, 27 SEPTEMBER 2018
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34
Act. Metals Precious the and Act Diamonds the of provisions relevant to subject
and Act Metals Precious the and Act Diamonds the of breach in be shall Charter
Mining this of requirements the with complied not has who holder permit or licence A 9.2
Act. the of 99 and 98
47, section with conjunction in read 93, section of provisions to subject and MPRDA
the of breach in be shall scorecard Charter Mining the of 8 and 6 levels between
falls and element ownership the with complied not has who holder right mining A 9.1
-COMPLIANCE NON 9.
period.
transitional applicable the for implementation of respect in element each against
annually verified and audited reported, be shall performance holder's right mining 8.6A
elements. respective the in for provided as targets 2018 Charter,
Mining the with comply must holder right mining a period, transition the of end the At 8.5
Standard. Conditions Living
and Housing Reviewed the of finalisation the pending employees, with to agreed
arrangements other any and units family units, single maintains it that ensure and
Standard Conditions Living and Housing the with comply must holder right mining 8.4A
targets. element Equity Employment
of provisions the of implementation progressive indicating plan -year five a submit
2018 Charter, Mining the of publication of date the from months (6) six of period a
within must holder right mining A element. Equity Employment the for years (5) Five 8.3
Industry. and Trade of Department the by finalised once
applicable be shall content local of verification for system coding of use The 8.2.3
budget. procurement the of 80% year
second budget, procurement the of 70% at set is target -year first The Services: 8.2.2
year. fifth by budget procurement
the of 70% and year fourth by budget procurement the of 50% year, third by
budget procurement the of 35% budget, procurement the of 20% year second
budget, procurement the of 10% at set is target -year first The Goods: Mining 8.2.1
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 38   No. 41934
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35
2018. Charter, Mining the of gazetting of date the from months two within gazetted
be to Guidelines Implementation the with together read be must Charter Mining The 12.2
2018. Charter, Mining the of provision a interpreting when objects; such with inconsistent
is that interpretation other any over preferred be must MPRDA, the and 2018 Charter,
Mining the of objects the with consistent is which interpretation, reasonable Any 12.1
CHARTER MINING THE OF 12.INTERPRETATION
repealed.
hereby are 2017 in published Industry Minerals and Mining the for Charter empowerment
Economic Socio- -Based Broad the and 2010; in amended as 2004, in published
Industry Mining the for Charter Empowerment Economic Socio- -Based Broad The
CHARTERS MINING PREVIOUS OF REPEAL 11.
2018. Charter, Mining the review Gazette, the in notice by may, Minister The
CHARTER THE OF REVIEW 10.
No. 41934   39 STAATSKOERANT, 27 SEPTEMBER 2018
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36
100% Total
30% Development Resource Human
Development
40% Enterprise & supplier Procurement
30% Equity Employment
Y/N Conditions Living and Housing
Y/N Development Community Mine
Y/N Ownership
% Weighting Scorecard Charter Mining Reviewed
SCORECARD 13.
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 40   No. 41934
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37
Principle
Through Flow the using measured
right, dividend a to nature in similar
entity the of ownership on return
a representing interest Economic
Principle Control or principle through
Flow the using measured participant
a for held or by owned instrument
equity an to attaching rights Voting
Participation
value Net effective and Meaningful
shareholding
BEE of lieu
in mechanism
Equivalent
shareholding. BEE Equity
of points percentage 5 of maximum A Beneficiation
women.
for be preferably must which of 5%
Persons, Disadvantaged Historically
to shares of form the in ownership
effective 20% of minimum A
right.
mining a of date effective the from
communities host to interest carried
5% or herein defined as benefit ownership.
equivalent equity 5% of minimum A Persons
right. mining Disadvantaged
a of date effective the from employees Historically of
qualifying to interest carried shareholding representation for
Y/N -transferable non 5% of minimum A BEE 30% target Minimum Ownership
%) ( TARGET DESCRIPTION
%) ( WEIGHT MEASURE COMPLIANCE ELEMENT Element
Rights Mining New
OWNERSHIP
No. 41934   41 STAATSKOERANT, 27 SEPTEMBER 2018
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38
2.1.2. Clause of terms in provided period
5 1
transitional year the within ownership HDP 30% to 26% from -up top to required be will applications pending All
Principle Control or Principle
Through Flow the using measured
right, dividend a to nature in similar
entity the of ownership on return
a representing interest Economic ownership. Persons
Disadvantaged
26%
Y/N Principle Control or principle through Historically Ownership
Flow the using measured participant of representation
a for held or by owned instrument for target Minimum
equity an to attaching rights Voting
value Net
%) ( WEIGHT +SURE:à TARGET DESCRIPTION ELEMENT
COMPLIANCE ELEMENT
Applicationsi Pending
rights shareholder Full Persons.
Disadvantaged
Y/N 26% re
opHistorica'lly Ownership
participation economic Meaningful for
_
target Minimum
%) ( WEIGHT MEASURE TARGET DESCRIPTION ELEMENT
COMPLIANCE ELEMENT
Rights Mining Existing
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 42   No. 41934
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39
period. transitional the during met be to targets progressive for arrangements transitional See 2
chain value
mining the across samples mineral all
of 100% of analysis the for companies Analysis
2.5% or facilities based African South Utilise Sample
entities. development
and research based African South
on be to budget development and Development
2.5% research total of 70% of minimum A & Research
company. compliant
BEE a by supplied services on spent
5% be must budget services total of 10%
panies corn
controlled and owned youth
the by supplied services on spent
5% be must budget services total of 5%
companies controlled and owned
women by supplied services on spent
5% be must budget services total of 15%
Persons Disadvantaged Historically
by supplied services on spent be
5% must budget services total the of 50% Services 80%
company. compliant BEE by produced
goods manufactured African South
on spent be must budget procurement
5% goods mining total of 44%
and company; controlled
and owned youth or company
controlled and owned women
by produced goods manufactured
African South on spent be must budget
5% procurement goods mining total of 5%
company controlled content local
and owned Persons Disadvantaged % 60 a with services
Historically by produced goods mining and goods on
goods manufactured African South manufactured spend budget
on spent be must budget procurement locally procurement Procurement
5% goods mining total of 21% 70% Procure Total Inclusive
(%) TARGET DESCRIPTION
o wEt EA COMPLIANCE ELEMENT Element
SCORECARD2
DEVELOPMENT ENTERPRISE AND SUPPLIER PROCUREMENT, INCLUSIVE
No. 41934   43 STAATSKOERANT, 27 SEPTEMBER 2018
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40
2% 30% representation
Female
2% 70% representation
Total
ployees em
of no Total
Nationals
Whites Coloureds Indians Blacks
Foreign
MANAGEMENT JUNIOR
i 2% 25% representation
Female
2% 60% representation
Total
employees
of no Total
Nationals
Whites Coloureds Indians Blacks
Foreign
MANAGEMENT MIDDLE
3% 25% representation
Female
3% 60% representation
Total
employees Equity
of no Total .rnployment
Nationals
Whites Coloureds Indians Blacks
Foreign
MANAGEMENT SENIOR
3% 20% representation
Female
4% 50% representation
Total
employees
of no Total
Nationals
Whites Coloureds Indians Blacks
Foreign
MANAGEMENT
EXECUTIVE
20% representation
2%
Female
2% 50% representation
Total
Directors
of no Total
Nationals
Whites Coloureds Indians Blacks
Foreign
BOARD
%) ( MEASURE DESCRIPTION Element
WEIGHT ELEMENT
%) ( TARGET COMPLIANCE
EQUITY EMPLOYMENT
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 44   No. 41934
This gazette is also available free online at www.gpwonline.co.za
41
3% 60% employees
of no Total
Nationals Whites Coloureds Indians Blacks
Foreign
ILLS SK_
CRITICAL
AND CORE
representation
Female
2% /' reresentation
Total
employees
of no Total
Nationals Whites Coloureds Indians Blacks
Foreign
DISABILITIES
WITH
EMPLOYEES
%) ( MEASURE DESCRIPTION Element
WEIGHT ELEMENT
%) ( TARGET COMPLIANCE
No. 41934   45 STAATSKOERANT, 27 SEPTEMBER 2018
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42
levy).
development
-employees). non and (employees skills
amount
Development
demographics applicable to proportion mandatory (excl.
30% Resource
in element HRD the in defined leviable 5% amount leviable
Human
as amount leviable the of 5% Invest annual total
of percentage as
expenditure HRD
%) ( WEIGHT MEASURE %) ( TARGET DESCRIPTION Element
COMPLIANCE ELEMENT
DEVELOPMENT RESOURCE HUMAN
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 46   No. 41934
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43
Standard commitments
the in commitments Standard employees mine
Conditions Conditions Living of conditions living and
Living and Housing and Housing with housing of standard Conditions
Y/N all Implement compliant 100% the Improvement Living and Housing
%) ( TARGET DESCRIPTION
%) ( WEIGHTING MEASURE COMPLIANCE ELEMENT Element
1
CONDITIONS LIVING AND ANC Io
SLP
the in commitments operate. to license
approved social the of principles
all Implement the with keeping
in impact, of terms
in both communities
English) mine towards biasness
& community the with Development
in one (Dominant commitments SLP Community "
languages 2 approved with Mine towards Development
Y/N in SLP the Publish compliant 100% contribution Meaningful Community Mine
4i
%) ( TARGET DESCRIPTION
%) ( WEIGHTING MEASURE COMPLIANCE ELEMENT Element
DEVELOPMENT COMMUNITY MINE
No. 41934   47 STAATSKOERANT, 27 SEPTEMBER 2018
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44
-60% 50 + Element fenced Ring 5 Level
-70% 60 + Element fenced Ring 4 Level
Compliant
-80% 70 + Element fenced Ring 3 Level
-100% 80 Element+ fenced Ring 2 Level
100% + Element fenced Ring 1 Level
scorecard. DMR and BBEEE DTI the between alignment an provides annexure This
A 14.ANNEXURE
GOVERNMENT GAZETTE, 27 SEPTEMBER 2018 48   No. 41934
STAATSKOERANT, 27 SEPTEMBER 2018 No. 41934 49

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50 No. 41934 GOVERNMENT GAZETTE, 27 SEPTEMBER 2018

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STAATSKOERANT, 27 SEPTEMBER 2018 No. 41934   51

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52  No. 41934 GOVERNMENT GAZETTE, 27 SEPTEMBER 2018

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