presentation to the portfolio committee on public enterprises richtersveld land claim settlement:

Presentation to the Portfolio Committee on Public Enterprises

RICHTERSVELD LAND CLAIM SETTLEMENT:

ALEXKOR – RMC PSJV&

ALEXANDER BAY TOWNSHIP ESTABLISHMENT

2Strictly confidential

CONTENTS

Overview of Richtersveld Land Claim Settlement & Respective Obligations

Pooling & Sharing Joint Venture between Alexkor & Richtersveld Mining Company

Alexander Bay Township Establishment


Richtersveld Land Claim

1998: Richtersveld Community (RVC) filed a land claim under the terms of the Restitution of Land Rights Act for a parcel of land situated in Alexander Bay

2001: Land Claims Court (LCC) initially rejected the RVC’s land claim on 22 March 2001

2003: RVC appealed to the Supreme Court of Appeals which ruled in its favour on 24 March 2003

2003: Alexkor and Government appealed the decision to Constitutional Court

2003: Constitutional Court awarded RVC both land & mineral rights on 14 October 2003

Constitutional Court referred matter back to LCC to determine nature of restitution


Richtersveld Land Claim…….The form of restitution claimed by the RVC was as follows:

Restoration of the land owned by Alexkor;

The mineral rights in respect of the claimed land or, alternatively, the rights to prospect and mine under the Minerals and Petroleum Resources Development Act belonging to Alexkor;

R1.5 billion as compensation for the diamonds extracted since 1928;

Repair of the environmental disturbance caused by the extraction of diamonds from the claimed land by the State and Alexkor or, alternatively, R1.2 billion as compensation for the environmental disturbance;

R10 million as solatium for the dispossession of the land and mineral rights.


Richtersveld Land Claim SettlementDepartment of Public Enterprises entered into negotiations with

the RVC

5 October 2006: Memorandum of Understanding on outlining the principles and undertakings of an out-of-court settlement

22 April 2007: Final and binding Deed of Settlement in the matter was signed

9 October 2007: Deed of Settlement made an Order of Court


Richtersveld Land Claim Settlement…The Settlement reached entails the following:

Restoration of the land claimed. Portions of land will be transferred to the RVC by Alexkor and the State [Alexkor, the State & Northern Cape Government ordered to give effect to];

Transfer of Alexkor’s land mining rights to the RVC [Alexkor ordered to give effect to]. In the interim, a Pooling & Sharing Joint Venture (PSJV) will be formed between Alexkor and the RVC. The State will capitalise Alexkor for it to contribute R200 million to this PSJV in order to constitute a viable mining venture;

Transfer of Alexkor’s agricultural and mariculture assets to the RVC in order to empower the RVC and to create a basis for future development and wealth creation [Alexkor ordered to give effect to];

R190 million as extraordinary reparation to be paid to the RVC’s Investment Holding Company in three equal instalments over three years [The State (DLA) ordered to give effect to];


Richtersveld Land Claim Settlement…R50 million lump sum development grant to the RVC’s Investment Holding

Company to be used for the recapitalisation of the agricultural and maricultural enterprises [State (DLA) ordered to give effect to];

R45 million to the RVC’s Property Holding Company as compensation to secure Alexkor’s right of occupation of the transferred residential properties for a period of ten years [Alexkor ordered to give effect to on transfer of erven to RVC];

Establishment of a formal township in terms of the Northern Cape Planning and Development Act, 1998 at Alexander Bay [The State & Alexkor ordered to give effect to];

Environmental rehabilitation and revision of the mine’s Environmental Management Programme [Alexkor ordered to give effect to financial obligation with the State providing a guarantee for the financial obligation]; and

Costs in connection with the implementation of the Settlement.


Pooling & Sharing Joint Venture

ALEXKOR

Land mining rights transferred to RMC

Alexkor retains sea mining rights & mining

assets

PSJVAlexkor 51%RMC 49%


Pooling & Sharing Joint Venture… Alexkor will remain the holder of its marine mining rights

Richtersveld Mining Company will remain the holder of its land mining rights

Alexkor & RMC will respectively put their marine & land mining rights under full control of Joint Board of PSJV

Alexkor will put its land & marines mining assets under control of Joint Board

Alexkor will have 51% interest (with 3 members on Joint Board) in PSJV & RMC a 49% interest (also with 3 members on Joint Board)

Joint Board will appoint Executive Committee

EXCO shall oversee the conduct of day-to-day operations

EXCO will put in place a development plan for viable mining venture


Pooling & Sharing Joint Venture…… Unanimous Resolution provides for a preliminary establishment phase of the

PSJV

During this period, the PSJV Joint Board shall be a committee of the Board of Alexkor with Alexkor effecting the necessary delegations of powers & functions to the extent necessary for Joint Board to carry out its activities during the various stages of the preliminary establishment of the PSJV independently

EXCO will:

• Identify Alexkor land and marine assets to be pooled

• Identify personnel for the mining activities

• Draft a prospecting plan and work programme

• Draft an interim mining plan


Alexander Bay Township Establishment

The DPE undertook to establish a formal township in respect of the existing Alexander Bay village

The Deed of Settlement and the Court Order relating to the settlement of the land claim obligates Alexkor & the State to give effect to this.

To enable such township establishment, the municipal engineering services have to be upgraded to municipal standards.

Richtersveld Municipality will take over such services and fulfil all functions which a local authority has to fulfil in respect of the provision of engineering services and other public services in the formally established township of Alexander Bay.


Work undertaken….

In preparation for the township application, an engineering services assessment was conducted & this identified the infrastructure that would require upgrading. A draft layout of the township was also designed.

Phase 1

Preliminary Investigation of Services

Cost of Upgrading Services

Pre-application Work with Respect to Application for Township Establishment

Draft Township Plan


Work undertaken….Phase 2

Finalisation of Township Plan: negotiation with Richtersveld Community & coordination between town planners & engineers

Negotiation of Services Agreement with Richtersveld Local Municipality

Design of Civil & Electrical Services

Approval of Design

Survey & Pegging of the Plan

Environmental Impact Assessment

Submission of Township Application through Statutory Procedures

Environmental impact assessments


MOU between DPE & DBSAMOU signed between DPE & DBSA for the DBSA to take over the

implementation of the project under its Sustainable Communities programme

MOU sets out framework for DBSA to act as implementing agent for development of Alexander Bay Township

MOU provides that development needs of Alexander Bay will be addressed with due consideration to spatial issues such as Alexander Bay being a regional node in the Richtersveld & sustainable infrastructure technologies around energy, sanitation & water provision that are appropriate to its location, climate, needs & economy.

MOU provides for Steering Committee constituted by representatives of DPE, DBSA, Alexkor, Richtersveld Community, Richtersveld Municipality, Namakwa Municipality & NC Dept of Local Government & Housing & other stakeholders.


Functions of Steering Committee Determining the scope of work through:

Review the Spatial Development Framework and Town Plan for Alexander Bay to align more closely with the current Integrated Development Plan, the Provincial Spatial Development Framework & the National Spatial Development Perspective.

Review the work already undertaken and align existing project plans to the DBSA approach to sustainable township development.

Determining required resources;

Development of a roll-out and implementation plan for adoption by the respective parties;

Management and facilitation, cooperation and consultation in respect of the development of Alexander Bay;

Monitoring and evaluation of performance and project progress.


Way forward A township application, with a general plan based on existing civil

engineering, mechanical and electrical designs has been submitted.

Existing designs expected to cost R80 million to construct, over 18 month period

Steering Committee would like to determine whether it is possible to revise these designs at this stage, whether proposed sustainable approach principles can be incorporated into the work already undertaken and the cost of such revisions


Way forward….. Alexkor to prepare a comprehensive report on all work that has been

undertaken to date including infrastructure designs and costs, surveys and status of the township application.

Namakwa District Municipality to provide statutory requirements for township establishment.

DBSA to provide suggestions of infrastructure options for sanitation, energy and water provision after the decision of the Project Steering Committee of the favourable option and appointment of the project Manager with relevant competencies relevant to the desired option.

Above reports will be used to determine whether it is possible to revise the existing designs at this stage, whether proposed sustainable approach principles can be incorporated into the work already undertaken and the cost of such revisions.


Thank You

presentation to the portfolio committee on public enterprises richtersveld land claim settlement:

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