Johannesburg Stock Exchange (JSE)
The JSE maintains two Reader’s Panels which review all Competent Persons Reports, Mineral Asset Valuation Reports and Qualified Reserve Evaluators Reports submitted to the JSE Limited. Such reports are reviewed for compliance with the JSE Listing Requirements that incorporate the relevant SAMCODES and any other code recognised by the JSE for secondary listings, if required. Members of the Reader’s Panels are appointed by the JSE, based on submissions through the SSC and are recognised experts in the commodity and deposit under consideration.
There are separate Readers Panels for Solid Minerals reporting according to SAMREC/SAMVAL and for Oil & Gas reporting according to SAMOG.
During 2019, the Solid Minerals Readers Panel was comprised of 18 professionals who have a combined +620 years’ experience in the minerals industry. A meeting of the JSE Readers Panel was held at the JSE on the 28th August 2019 to identify some of the ongoing issues for and concerns identified by members of the Panel with respect to compliance with SAMREC and SAMVAL Code compliance. The more pertinent issues can be viewed in the attached document. It is highly recommended that all CPs/CV’s compiling Public Reports for the JSE download and study this document so as not to repeat the same mistakes and to prevent their reports from being rejected by the Readers Panel.
Annually the Reader Panel provides feedback on the issues of non-compliance with the SAMREC/SAMVAL codes and/or JSE Listing Rules. It is highly recommended that all CPs/CV’s compiling Public Reports for the JSE download (below) and study this document so as not to repeat the same mistakes and to prevent their reports from being rejected by the Readers Panel.
Oil & Gas
During 2019 only one QRE report was reviewed by the Oil & Gas Readers Panel. There were major issues with the report, which resulted in particularly unhelpful and acrimonious exchanges between the Issuer/Author and the Readers Panel.
As of 1 April 2018, the Financial Services Board (“FSB“) has been replaced by the Financial Sector Conduct Authority (“FSCA“), as a step towards implementing a “Twin Peaks” model where:
- Market conduct regulation, including investment funds and investment managers, which will be the domain of the FSCA which replaces the FSB; and
- Regulation of financial institutions, including banks, which will be the domain of the Prudential Authority (“PRA“), housed in the South African Reserve Bank.
The FSCA’s key objectives will be to:
- protect financial customers by promoting their fair treatment by financial institutions, providing financial education programs, and promoting financial literacy
- enhance and support the efficiency and integrity of financial markets
- assist in maintaining financial stability
- support the overall policy objectives of financial inclusion and transformation of the financial sector.
It is in this field of regulatory compliance that the SSC developed a relationship with the original FSB with the objective of promoting SAMCODE compliance by minerals companies across all current (and future) registered stock exchanges in South Africa. The SSC will continue to maintain and reinforce such relationships with the FSCA, going forward.