Mining Mirror January 2019 | Page 21

Indaba preview South African mines are old and have become deeper and more difficult to mine. South Africa, by way of example, provides that investors who invest in either country before the BIT is terminated, will continue to enjoy the rights under the agreement for a further 20 years after the agreement is terminated. Although foreign investors who currently own property would have a legal foot to oppose expropriation, there is nothing that scares potential investors more than knowing that your property rights might be in danger of being revoked a few years down the line. However, changing the Constitution would not be as easy as some in the ANC would like to believe. According www.miningmirror.co.za to Professor Robert Vivian, professor of finance and insurance at the Wits School of Economics and Business Science, amending the Constitution will require a 75% majority vote in the South African National Assembly. “The South African Constitution is based on the supremacy of the rule of law and the advancement of human rights. The right to enjoy undisturbed ownership of own property is achieved through the rule of law and is a basic human right protected by section 1 of the Constitution. Changing section 25 to allow general expropriation without compensation would violate section 1 and render any legislation derived from this, including the mere changing of section 25, to be unconstitutional and open to legal challenge,” he says. Therefore, amendments to section 1 would require a 75% vote, and not 66% as some might believe. So, whether for or against the amendment, EWC has increased the pressure in the South African cooker exponentially and has kept eager investors at arm’s length. While exploration and junior mining companies flock to the rest of Africa in search of big deposits, South Africa remains in limbo. b JANUARY 2019 MINING MIRROR [19]