The findings of the presidential mine safety audit report, which indicates a compliance of 66% by mines indicates room for improvement, but it should not be done at the cost of slowly strangling the industry. Whilst it is imperative to employ the most skilled employees and best equipment, it has been argued that the recent 23% reduction in fatalities indicates the success of the sector in applying the co-operative arrangement as mooted in the Leon report, rather than punitive measures introduced in the latest amendments. More importantly, the hesitation by the President in signing the new amendment on the grounds of possible unconstitutionality indicates enough reason for reconsideration by Parliament of some of those possibly offensive amendments to the Mine Health and Safety Act.
The review of the Mining Charter currently being undertaken should avoid any perception of the goalpost unilaterally being shifted by government as it will have its own negative consequences financially and otherwise. As such, the estimated R220 billion worth of black economic empowerment deals already concluded and reportedly at risk due to the collapse of share prices and failure by companies to pay dividends due to the economic turmoil, require more robust reconsideration.
Lastly, and relating to the issue of the splitting of the department, the Minister is described in the MPRDA as the Minister of Minerals and Energy and, in relation to the granting of exploration and production rights, your predecessor delegated her authority to the Director-General of the Department of Minerals and Energy, DME, and from him to the head of the Petroleum Agency to grant rights in terms of petroleum product. This is legally questionable as there is now no longer either a Minister or a Director-General of Minerals and Energy. Although it was advised that this would be resolved by a Presidential proclamation, there has been no sign of this. It would be interesting to know how the department intends addressing the issue of ministerial approvals or delegations of authority with effect from the date of splitting of the department, given that all such approvals and delegations are ultra vires until such time as the next proclamation is made. Thank you. [Time expired.] [Applause.]