Withdrawal of exemptions granted to African Exploration Mining and Finance Corporation (AEMFC)

Withdrawal of exemption granted to African Exploration Mining and Finance Corporation (PTY) LTD in terms of Section 106 (1) of the Minerals and Petroleum Resources Development Act 2002, (ACT No. 28 OF 2002)

The Minister of Mineral Resources of South Africa, Ms Susan Shabangu, MP, has approved the withdrawal of an exemption granted to African Exploration Mining and Finance Corporation (Pty) Ltd in terms of section 106 (1) of the Minerals and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).

She has effectively exempted it from the provisions of sections 16, 20, 22 and 27 of the said Act in so far as it relates to “any activity to prospect, mine and the removal of any mineral for accumulating and stockpiling for purposes of security of supply and purposes incidental thereto.”

Although African Exploration Mining and Finance Corporation(Pty) Ltd is an organ of state which qualifies for exemption as contemplated in section 106 (1) of the Act, the African Exploration, Mining and Finance Corporation (AEMFC), that is the state owned company has complied with all the application and granting criteria in terms of section 16, 20, 22 and 27 of the Mineral and Petroleum Resources Development Act (MPRDA) in so far as their existing applications or rights are concerned.

Minister Shabangu has repeatedly stated before and during her current road show that there is no need for African Exploration Mining and Finance Corporation (Pty) Ltd to be exempted from the provisions of the act.

This exemption was prompted by the coal crisis of October 2008 which was graphically demonstrated by the dreaded load shedding of the time. Accordingly, it was aimed at facilitating access to coal resources by AEMFC in a bid to deal with the national emergency of the time.

This notice will appear in the Government Gazette on Monday, 14 March 2011.

For further enquiries, please contact:
Bheki Khumalo
Cell: 082 773 2388
E-mail: Bheki.khumalo@dmr.gov.za

Zingaphi Jakuja
Cell: 082 766 3940
E-mail: zingaphij@mobileemail.vodafonesa.co.za

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