The unwinding of coal miner Exxaro’s decade-old black economic empowerment (BEE) ownership deal and the announcement of a new replacement deal highlights all sorts of difficult questions about Eskom’s approach to its coal supply chain as well as about the government’s BEE policies, particularly in relation to the mining industry. Exxaro had been an empowerment star of the mining industry, an example of how large mining companies could work together to create a majority black-owned coal company that was a key supplier to Eskom and the export market. But the empowerment deal struck in 2006 matured late in 2016 and Exxaro has found it is impossibly challenging to fund another deal that would again achieve more than 50% black ownership. It has proposed to unwind that deal in a way that would minimise the damage to its share price and give the original owners flexibility, while instituting a replacement deal to create a new BEE vehicle that would own 30%. That is comfortably ahead of the...

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