Mining Charter’s ‘Gupta clause’ comes under scrutiny
Charter’s definition of black person ‘follows empowerment law word for word’, says BBBEE Commission head Zodwa Ntuli
The definition of “black person” in the new Mining Charter is strictly in accordance with the definition in the Broad-Based Black Economic Empowerment Act (BBBEE), head of the BBBEE Commission Zodwa Ntuli said on Wednesday. One of the criticisms of the charter by, among others, the Chamber of Mines, was that it changed the definition of “black person” from the historically disadvantaged in the previous charter, to one that includes those naturalised after 1994. This has been interpreted as a “Gupta clause” that would allow the family — which is caught up in a web of state capture allegations — to benefit from black economic empowerment. Chamber CEO Roger Baxter questioned the changed definition of beneficiaries of empowerment transactions to include black, coloured and Indian people naturalised after 1994. He questioned whether the new Mining Charter was written in the national interest to promote transformation, or to benefit a small group of people with vested interests in operati...
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