Constitution guides us, not you, deputy minister tells Trump and companies

African people have been exploited for the longest time, deputy Cogta minister Zolile Burns-Ncamashe tells mining indaba

04 February 2025 - 14:14
By Khulekani Magubane
Delegates at the Investing in African Mining Indaba in Cape Town.
Image: Esa Alexander/Reuters TALKING SHOP Delegates at the Investing in African Mining Indaba in Cape Town.

Deputy minister of cooperative governance and traditional affairs Zolile Burns-Ncamashe said South Africa honours the constitution and will not be dictated to by companies or economic superpowers on how to formulate and implement legislation.

Speaking to TimesLIVE on the sidelines of the Investing in African Mining Indaba in Cape Town on Tuesday morning, the deputy minister said the government would make no apologies to companies or other coun tries about the Expropriation Act which President Cyril Ramaphosa signed into law last month.

“It’s important to have very stable tenure security systems to protect the rights of citizens. For the longest time African people have been exploited, having their land being dispossessed,” he said.

“As part of restitution and restoration, it is important to make sure government is intentional, deliberate and decisive in terms of ensuring we restore the dignity of our people because any community without land that belongs to them, their dignity is compromised.”

Burns-Ncamashe’s remarks come after US President Donald Trump threatened to withhold funding for the President’s Emergency Plan for Aids Relief (Pepfar) over claims the SA government was confiscating land.

It’s important for large companies and captains of industry to understand that African people, generally, own the natural assets. Therefore, when they come, they must not come with a paternalistic attitude. They must come as value-adders who are prepared to work in partnership with the owners of the asset
Zolile Burns-Ncamashe, deputy minister of cooperative governance and traditional affairs 

Pepfar funding makes up 17% of government’s funding for its interventions into HIV and Aids.

In response to Trump’s threat, minister of minerals and petroleum resources Gwede Mantashe told the Indaba on Monday that Africa should unite to stand up to Trump by withholding its minerals as exports.

Speaking at a panel discussion on Tuesday morning, Burns-Ncamashe said SA would only be dictated to by the constitution as the supreme law of the country. He urged mining companies to respect the principle when seeking operating licences to mine in SA.

“It’s important for large companies and captains of industry to understand that African people, generally, own the natural assets. Therefore, when they come, they must not come with a paternalistic attitude. They must come as value-adders who are prepared to work in partnership with the owners of the asset.”

Transnet board chair Andile Sangqu said social licences for mining companies must be constructed with each community and agreed obligations should be fluid enough to evolve with the environment’s priorities and needs.

“A license is a reflection that there is a basis for the undertaking with stakeholders. There is a continuous obligation to report back and give updates on what has and has not been achieved.”

CEO and president of the National Mineral Resources Agency in Angola Jacinto Rocha said fiscal incentives mining companies often seek are an agreement where the state agrees to forego tax revenue from a company because they seek to attract an investment which will ultimately be a net good for the people on whose behalf the state acts.

“In terms of regulatory compliance, once we [regulators] suspend your operation, most likely it is the community that will protect you. They will say whatever is suspended will have a negative impact on them. Don’t see a social licence as an instrument of social development. It is a security of tenure for yourself.”

Chief executive for minerals at Rio Tinto Sinead Kaufman said the social licence to operate requires constant conversation about the mining company’s objectives and the community’s needs.

“If you see it as something on the side, it will not work. It needs to be fully integrated. Every mining company is a guest in someone else’s land or community.”

Business Times