Reply by Minister of Public Enterprise, B Hogan questions posed in National Assembly for written reply

Question no: 2603

Adv A de W Alberts (FF Plus) to ask the Minister of Public Enterprises:

(a) Whether the 49% share that was awarded to the Richtersveld community in terms of a land restitution claim has been transferred to this community; if not, why has the share not yet been transferred and (b) what steps is the Government taking in this regard in order to ensure the transfer of the 49% share in Alexkor to this community; if so, (i) when was the transfer effected and (ii) in the name of which entity has the said share been registered? NW3253E

Reply:

(a) The Richtersveld community was not awarded a 49% share in Alexkor. Alexkor is a public company with the State as sole shareholder. Alexkor holds diamond mining rights on land and in the sea. In terms of the Deed of Settlement and court order relating to the Richtersveld community’s land claim, Alexkor’s land mining rights will be transferred to the Richtersveld community’s mining company. Alexkor will retain the sea rights. The agreement provides for the formation of a Pooling and Sharing Joint Venture (PSJV) between Alexkor and the Richtersveld Mining Company (RMC) on the following basis:

  • Alexkor will remain the holder of its marine mining rights and RMC will remain the holder of its land mining rights
  • Alexkor and RMC will respectively put their marine mining rights and their land mining rights under the full control of a Joint Board of the PSJV for purposes of mining both the marine and land resources
  • Alexkor will have a 51% interest in the PSJV and RMC a 49% interest.

(b)(i-ii) In order for the land mining rights to be transferred to the RMC, Alexkor’s prospecting and mining rights had to be converted from old order to new order rights in terms of the Minerals and Petroleum Resources Development Act, no 28 of 2002. Alexkor submitted the applications for conversion to the Department of Mineral Resources in the first quarter of 2009. The conversion of Alexkor’s land mining rights to new order mining rights was executed in May 2010.

The transfer of these new order land mining rights to RMC is in process. The only outstanding requirement is for RMC to pass a Board resolution accepting to receive the said mining rights and thereafter it will be sent to the Minister of Mineral Resources for consent. Alexkor anticipates the transfer to be completed during the current financial year.
From old order to new order rights in terms of the Minerals and Petroleum Resources Development Act, no 28 of 2002. Alexkor submitted the applications for conversion to the Department of Mineral Resources in the first quarter of 2009. The conversion of Alexkor’s land mining rights to new order mining rights was executed in May 2010.

The transfer of these new order land mining rights to RMC is in process. The only outstanding requirement is for RMC to pass a Board resolution accepting to receive the said mining rights and thereafter it will be sent to the Minister of Mineral Resources for consent. Alexkor anticipates the transfer to be completed during the current financial year.

Source: http://www.dpe.gov.za

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