MUTUAL BENEFITS OF REGISTERING WITH THE BCCEI
MINING RIGHTS AND INDIRECT CHANGE OF CONTROL – JUDGE SETTLES OLD DEBATE
AFRICAN BUZZ •
MUTUAL BENEFITS OF REGISTERING WITH THE BCCEI
Registration with the BCCEI is not only compulsory , but also incredibly advantageous for both companies and their employees . The operations manager at the BCCEI , Lindie Fourie , strongly believes that company registration promotes a more balanced and sustainable sector for all parties involved .
Membership with the BCCEI transforms a company into an active participant in the civil engineering industry . The statutory body plays a
Lindie Fourie , operations manager pivotal role in facilitating collective at the Bargaining Council for the bargaining concerning wages and Civil Engineering Industry ( BCCEI ). general terms of employment , consequently leading to fairer outcomes for everyone involved .
Fourie underscores the advantage of this process , stating , “ Being part of the BCCEI makes a company an active participant , able to leverage our national footprint and information sharing abilities including the opportunity , through party representatives , to lobby stakeholders in the industry ."
Collective bargaining outcomes benefit both employers ( especially those lacking the resources for prolonged negotiations ) and employees , who may not be adequately organised to present
Images by BCCEI
“ Registration with the BCCEI presents an opportunity for companies to actively contribute to the civil engineering sector ' s stability and sustainability . The mutual benefits for both employers and employees resulting from the BCCEI ' s involvement cannot be overstated , making it a win-win for all ,” Fourie concludes .
MINING RIGHTS AND INDIRECT CHANGE OF CONTROL – JUDGE SETTLES OLD DEBATE
By Giada Masina and Francois Sieberhagen at Webber Wentzel
A recent Supreme Court judgement has clarified that ministerial consent under section 11 of the Mineral and Petroleum Resources Development Act ( MPRDA ) is needed for both direct and indirect changes of control of a company that holds mining rights .
It has always been clear that , in terms of section 11 of the Mineral and Petroleum Resources Development Act , 2002 ( MPRDA ), a prospecting or mining right cannot be transferred from one company to another without the minister of Mineral Resources and Energy ' s consent .
But there has always been debate on what exactly the legislature meant when referring to an " interest " in a mining right and a " controlling interest " in a company being " alienated or otherwise disposed of ", which also requires consent . Was the intention only to refer to a change of control of a company that is the holder of a right ( i . e ., a direct change of control ) or to include also a change of control of companies higher up the corporate chain which ultimately , but not directly , control the holder of a right ( i . e ., an indirect change of control )?
The mutual benefits for both employers and employees resulting from the BCCEI ' s involvement cannot be overstated .
their demands at the company level . Not only does it facilitate a fairer outcome , but it also minimises disruptions in the working environment , allowing resources and energy to be channelled where most needed .
Furthermore , certain minimum allowances which employees are entitled to , under the conditions of employment for the civil engineering sector , often go unnoticed by both parties .
Fourie points out that registration with the BCCEI can help clarify these conditions , ensuring that both employers and employees understand their rights and obligations . In addition , this does lead to a levelling of the playing field in some respects , encouraging contractors to compete fairly against each and end the practice of under cutting minimum wages in an attempt to secure contracts to the detriment of employees .
www . africanmining . co . za African Mining Publication African Mining African Mining • October 2023 • 5