Version published in Business Day 23rd June 2018
There is much to be gained from a thriving mining sector. Its promise for growing incomes is as great- perhaps greater than any other sector of the SA economy- given the opportunity. There would be extra income to be earned on the mines and rigs and additional taxes paid by many more workers. There would be more jobs gained and increased incomes earned supplying goods and services to additional mining enterprises.
Exports would grow and the balance of payments would benefit from inflows of permanent mining capital. The exchange value of the rand would become less vulnerable to outflows of portfolio capital – to the advantage of all businesses and their customers in our economy.
The recipe to stimulate rapid growth in mining activity is simple It is to make the rules and regulations applied to the owners of mining companies at least as attractive as anywhere in the world.. Applied to capital that realistically can only be expected from well-established, well-diversified global mining companies with the appetite for taking on mining risks and the balance sheets and borrowing capacity to do so.
And wouldn’t it be a game changer for exploration activity were ownership of the rights to the potential value below the surface be transferred from the state to the owner of the land above. Including to communities with traditional rights to graze or plant land that could be far more valuable than they can possibly know before exploration. Rights ceded in exchange for a significant betterment tax should ownership be transferred to a mining company received on transfer from the buyer.
However the newly proposed and amended mining charter informs us very clearly that this more competitive landscape for mining is not about to happen. The intention is to put onerous constraints on the powers of owners to manage a mine as best they might. Owners will be required to contract with suppliers, directors and managers and partners with preferred legal status rather than chosen on merit. It imposes further controls on how they have to share the benefits of ownership and the capital they will have put at risk. With partners not necessarily of their own choosing or on terms chosen by them should the mine prove successful.
They will be required to pay taxes and royalties and declare dividends based on cash flows, not on normal accounting principles. For fear – not doubt legitimate – that taxable income might be minimised by transfer pricing – reducing revenues and raising costs. Or by exaggerating the interest paid on loans provided by holding companies residing in no tax or low tax jurisdictions. Interest payments (expensed for tax purposes) that are intentionally more like capital repaid.
Eliminating tax avoidance and applying the complex regulations will take a costly to taxpayers and owners army of competent officials on both sides of the fence to hopefully ensure compliance.
It would be much more sensible if mining companies in SA were not subject to any income taxes at all. This would eliminate all attempts to minimise tax payments and protect the tax base. All income distributed by companies as employment benefits, rents, interest dividends or capital repayments can instead be taxed in the hands of the receivers- reported by the company making the payments. Compliance becomes much less onerous and the case for investing much improved – to the great advantage of mining output.
It should be very clear therefore that the intentions of the mining charter are not to stimulate mining output and employment. Its primary purpose is to redistribute its benefits. The mining charter is symptomatic of this approach to economic development in South Africa. Redistribution at the expense of potential growth. The consequential sacrifice of growth, so balefully apparent, should not be regarded as unintended.