great idea, page-18

You post some good links.

Some of the biggest issues that BEE are trying to overcome is fairness and focusing on the poor. Too many BEE compliant companies have rich, black, political fronts.

Without changing the actual BEE requirements, the government can still control this by interpretation. The main area of interpretation now is adding the word "meaningful" ownership to replace ownership.

Their is alot of scope with what is "meaningful".

One aspect they are trying to avoid is the debt funded BEE. Basically sell Beng 26% of the project at asset level, then use future earnings to pay off the debt. The community end up with nothing at the end of the day. Hardly meaningful ownership.

The other key aspect of meaningful ownership is community. They want the right people to have the benefits of ownership.

Its my opinion that NKP will most likely lose both farms(now). They cant meet to consultation with community requirement or meaningful ownership. Genorah arent in a position to argue community ownership to the DMR.

The DMR can only assess on what they have. That is Beng are the rightful community according to con court. And Beng has not been consulted.

The fact that they may have been consulted in 2006 or that too much time had passed before appealing is now irelevant. The DMR has two new applicants for a new license. The past is forgotten.

However, Genorah can and will appeal the decision. The court can decide if NKP have the correct community onside. The DMR cant decide that.