ANGLO PLATINUM
SUBMISSION TO THE PARLIAMENTARY PORTFOLIO COMMITTEE ON MINERALS AND ENERGY IN RESPECT OF THE PRECIOUS METALS BILL
Cape Town, 18 October 2005
WHO IS ANGLO PATINUM
The world's largest primary producer of platinum and rhodium, and second largest producer of palladium;
The Group's five key mines are Rustenburg, Union, Amandelbult, Potgietersrust and Lebowa;
Joint ventures include:
- BRPM with the Royal Bafokeng;
- Modikwa with ARM
LOCATION OF GROUP OPERATIONS
[PMG note: map not included, please email [email protected]]
THE PRECIOUSE METALS BILL
The Bill Information attachment states:
that the Bill provides for the "acquisition, possession, smelting, refining, beneficiation, use and disposal" of precious metals on a wider scale than previously, extending the length of licences and who may hold them.
Athough the Bill does not implicitly refer to beneficiation.
THE OBJECTIVES OF THE BILL
These have been stated as follows:
- New definitions are proposed;
- Administrative functions centralized under the Precious Metals Regulator;
- Introduction of a new 'precious metal beneficiation licence'; and
- Less restrictive legislation regarding transportation of precious metals.
- To provide greater downstream beneficiation opportunities; and
- To assist towards Government's implementation of its broad-based socio-economic empowerment charter.
Job creation
Beneficiation
economic growth and wealth creation
creating greater access to precious metals.
ANGLO PLATINUM SUPPORTS THE BILL’S INTENT
- developing beneficiation;
- creating new jobs; and
- growing domestic investment.
However:
There are certain positive and negative elements to the Bill that will have implications both in terms of its execution and for the precious metals industry as a whole.
POSITIVE ASPECTS OF TE BILL
- Centralized administration rather than the current cumbersome process led by DME regional managers;
- Attempts to regulate precious metal transport in a more secure manner;
- Sets out all licences required by participants across
- the precious metals industry; and
- Consolidates the remaining provisions of various old laws.
NEGATIVE
- Definitions and descriptions are complex which will require costly laboratory analysis and expert opinion;
- Regulations restricting imports and exports, potentially interrupting metal flow, lead to uncertainty and are a precursor to short term market volatility and long term substitution;
- Consent to export, in particular, may restrict timeous supply, negatively impacting market confidence;
- Certified copies only of producers licences may lead to forgery, fraud and illegal trade in precious metals;
- An absence of clarity of the Minister's discretionary powers may lead to a transgression of Section 33 of the Constitution on Administrative Justice.
SUGGETSTED APPROACH
- Clarity is required on what the Bill is or is not too much importance sits with the Bill's intent (contained in a separate document) without any reference to the Bill itself;
- Modify the Bill to deal with administrative and security aspects only;
- A General Beneficiation Promotion Bill, incorporating all minerals, that provides definition, establishes clarity and captures the intent discussed above is a necessity;
- Drafting should be in conjunction with the dTI (e.g., MIDP).
WAY FORWARD
- Anglo Platinum supports an extension to engage with the DME on the aforementioned aspects;
- The opinion of more downstream fabricators/manufacturers needs to be included, many of whom have not been part of the process and not had the opportunity to comment;
- Jointly addressing the clarity and certainty aspects of the Bill, and of beneficiation, will portray, both locally and internationally, positive cooperation and agreement at the highest level;
This will provide the platform that will attract foreign investors, stimulate domestic investment and create new employment opportunities.