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The Minerals and Petroleum Resources Royalty Act (MPRRA) became effective on 1 March 2010. This legislation may have a significant impact on employment, foreign investment and future exploration in the South African mining industry. This article reports on a critical analysis of the MPRRA prior to its implementation in order to identify aspects that may impact adversely on the South African mining industry and would require further research after the implementation of the MPRRA. Based on the findings, the authors recommend that the impact of the level of royalties levied as well as the mechanism to promote downstream beneficiation be researched to establish whether the legislators ought to reconsider these provisions in the light of their impact on the mining industry.

This article aims to examine the sustainability of European and SADC states' practice of agreeing bilateral investment agreements (BITs) for the promotion and protection of foreign investments in light of the latter's recent inauguration of Black Economic Empowerment (BEE) as a basic norm of regional customary international law and strategy for countering the social and economic legacy of apartheid rule on their territories for over half a century.

The approach taken is textual analysis and deconstruction of emergent SADC BEE legislation, substantive BIT legislation provisions, dispute settlement mechanisms and emergent jurisprudence on the tensions between BEE policy and BIT obligations.

The strong elements of exclusivity between European/SADC BIT dispute settlement mechanisms on the one hand, and the “ouster clauses” of SADC BEE legislation and regulations on the other, are mutually incompatible. This incompatibility threatens the sustainability of the EU/SADC states' BIT dynamic for the promotion and protection of foreign direct investments (FDIs).

Demonstration of BEE as SADC's emergent basic norm of social reconstruction for countering the social and economic legacy of apartheid rule in affected states and implications of that for EU/SADC policy on the promotion and protection of FDIs.

The purpose of this paper is to develop a mineral policy development framework for Pakistan based on seven key elements derived from the gap analysis of Pakistan’s current framework with leading developing minerals-based economies. Pakistan is gifted with significant mineral resources that have the potential to lift its economy and bring prosperity to its citizens. For this to happen, Pakistan must formulate a mineral policy based on leading practices to attract mining investment for economic growth.

This paper develops a new mineral policy framework from the lessons derived from the gap analysis conducted in the first paper of this research. These lessons are called the “elements of development” which, after evaluation with the existing framework, will provide the suggested strategic fit measures for the formulation of the new mineral policy framework for Pakistan.

A new mineral policy framework is proposed based on seven key enablers, namely, institutional framework, stable political economy, legal framework, regulatory framework, fiscal framework, stakeholder participation and sustainable development. A new organisational structure of the Ministry is also proposed based on the generally accepted organisational structure of tiers, implementation and regulatory bodies.

The key constraints for Pakistan’s mineral sector are as follows: the sector is lacking an enabling institutional framework for efficient access to mineral resources and lacks an enabling fiscal and regulatory framework including secure mineral rights system for mining to enhance the economic attractiveness of the sector.

This paper presents original work on the development of a new mineral policy framework for Pakistan to extract maximum benefit from its mineral resources.

The fundamental purpose of this research is to compare Pakistan’s mineral policy instrument with that of leading developing minerals-based economies and to highlight the gaps. Mineral resources development can act as an engine for country growth and have the potential to transform economies and societies. The extent to which such transformation takes place varies depending upon the method of their use.

This paper conducts a gap analysis between Pakistan and leading developing minerals-based economies to identify key policy gaps. Two basic principles were kept in mind with the choice of countries: first, only developing countries were considered and, second, at least two countries had to be Islamic. Eight developing countries Chile, Mexico, Brazil, Peru, India, South Africa, Kazakhstan and Turkey were selected.

The most important finding of the exercise is that Pakistan’s mineral sector is lacking an enabling institutional, fiscal and regulatory framework for the optimal development of its mineral resources.

Pakistan’s mineral resources have the potential to expand its economy and benefit its citizens. For this to happen, Pakistan must first establish what beneficiation is realistically expected from its mineral resources and, second, formulate a mineral policy based on leading practices to attract mining investment and aim for a sector contribution to gross domestic product of 5 per cent.

This paper presents original work on how Pakistan should formulate its mineral policy to extract maximum benefit from its mineral resources.

The purpose of this paper is to present an implementation plan for the new mineral policy development framework and mining cadastre system for Pakistan, which was developed in the first two papers of this series.

This paper presents an implementation plan based on three fundamental building blocks, namely, implementing an enabling institutional framework and other key elements of mineral policy framework (building block 1); mineral database and mining cadastre system (building block 2); and monitoring and evaluation (building block 3).

A new Ministry of Mineral Development (MMD) is suggested to be developed. A Mineral Development Advisory Committee (MDAC) is also suggested to be constituted under the Ministry of Planning and Development to oversee the development of the new MMD and to implement the actions suggested in the mineral policy development framework. The MDAC will implement the seven key elements of mineral policy development framework.

The design schema of PakMining Cadastre System for secure mineral rights system to attract local and foreign investments is presented. The implementation of institutional reforms, constitution of Mining Cadastre Directorate and implementation of other policy development frameworks is suggested for enabling environment. A comprehensive account of implementation and monitoring strategy is devised to be followed initially by the advisory committee and then by the MMD.

This paper presents original work on the implementation plan for a new mineral policy framework and mining cadastre system for Pakistan to extract maximum benefit from its mineral resources.

The dilemma falls within the Change Management, Leadership, Organizational Development subject areas. In addition, the case highlights typical issues in “green” or sustainable supply chain, corporate social responsibility and sustainability courses.

The target audience is includes post-graduate diploma-level or master’s level students, such as in Masters in Business Administration.

The case focuses on the dilemma that Phiwokuhle Mhlangu in Mpumalanga, South Africa, faced when his company’s board had not signed off on capital expenditure to improve his colliery’s clean coal technology initiatives. He had to influence his colleagues’ mindsets to adapt to changes in the environment. The case highlights the global coal landscape and South African mining industry’s challenges in terms of infrastructure and strained labour relations, as well as the focus of the South African Government to enhance alternative energy resources. Although a clear business case for investment in clean coal technologies was evident, Mhlangu could still not persuade his colleagues to support these initiatives. A different approach was required […]

The learning objectives in this case are: gaining insight into the dilemmas of sustainability in coal mining by exploring various interest groups in difficult sustainability situations and enhancing understanding of getting a buy-in from various stakeholders when leading change in the coal-mining sector.

A teaching plan and particular teaching methodologies is included. The two learning outcomes are posed as questions for groups to discuss and model answers are provided and to relevant literature.

CSS 7: Management Science