Nkateko: And I want to move on to you landing your first CEO role during the global financial crisis, and at that point in time it looked like delivering on Kolomela was your biggest task. But then you found yourself at arbitration on mineral rights, both domestically and internationally. How was it leading Kumba through a period where the stakes were significantly higher than the usual commercial risks?
Chris: When I got my first CEO role, I was in my early 40s. To say that I was new in this was an absolute understatement. But I joined Kumba in 2008, and that was on the back of massive Chinese demand for iron ore. The iron ore price peaked at just under US$200 a ton. At the end of 2008 to into 2009, the global financial crisis, the price went down to US$60. That was a big part of what shaped me as my first leadership role.
At the same time, we were growing the Kumba business. We were expanding the business with the Sishen expansion project and the development of a new mine, Kolomela. And then lastly, this massive onslaught that we faced, both domestically and internationally, on the mineral rights of the company. It looked like nothing could go wrong. Kumba was in an absolute sweet spot.
The iron ore price tanked during the global financial crisis to US$60 a ton. We sketched a scenario with global management consultants as to what could potentially happen. We sketched a scenario called “crash and burn”, which meant that you couldn't sell a ton of iron ore and you had investments that you would have to perhaps curtail.
A couple of weeks later, we hit the scenario of “crash and burn”, and then saying, “now what do we do?" So, we got to a situation where we couldn't stockpile any more iron ore. Globally, there was no place to stockpile iron ore. We couldn't sell a single ton of iron ore to any of our customers. We were faced with the dilemma of what to do because we'd commenced the investment in the Kolomela mine. We were saying how do we survive this period? Because none of us knew what a global financial crisis was and how to get through it and when it would all come to an end.
I think what we were able to do was to vigorously focus on costs and absolutely reduce costs to the bare minimum. But we were also successful, I think, in maintaining the stripping, so securing still the future of the mine.
At first, we would try with everything that we had to try and keep the future mine going by continuing that stripping. We were also able to convince our shareholders that investing in Kolomela through this period was still a good thing to do when everyone was shutting down projects. And we just knew that if we delayed Kolomela until things got better, that would be the time when we needed to have the Kolomela ore.
We managed to convince our shareholders. We continued investing in Kolomela through this through this crisis, and we indeed delivered a mine and a company that was in much better shape to benefit when it actually did improve beyond the global financial crisis, and we had another mine and we'd expanded the Sishen expansion project.
So, we had a company that was in great shape. And I guess that was part of the learnings of the global financial crisis. We did get through it, and we were in much better shape afterwards.
But what was happening both globally in Senegal and here in South Africa is that there was this massive onslaught against the mineral rights of the company. In Senegal, the government took away our mineral rights and gave them to a competitor we know with an exchange of cash happening. It was a very difficult time and the board decided that this was an important message to send both to the government of Senegal at the time, but also in more general to governments in Africa that you can't do that and that you need to follow the rule of law.
We followed an international arbitration against the government of Senegal, not to everyone externally to Kumba, not to their support. There was thought that you're trying to sue a poor African government and even if you are successful, will you ever get the money? We were successful in that arbitration against the government of Senegal. We were awarded US$100 million and we did actually manage to, over a period of time, get that money, which we reinvested into NGOs in Senegal.
Much more importantly here in South Africa, we had ArcelorMittal who were arguing that they could have on any other project the same rights that they had at Sishen. And from the days when we split up Iscor, ArcelorMittal were granted 21% of the Sishen's right in lieu of the iron ore that we supplied them for the steel mills in South Africa.
They argued that they could have the same relationship on any other mine, including Kolomela, which was called Sishen South at the time. So clearly, we disagreed with their ability to do that, and we were in a massive arbitration with ArcelorMittal as a result of that.
At the same time, it was in 2009 during the global financial crisis, you may recall, is that was the time to convert your mining rights in South Africa to the new order mining rights. ArcelorMittal, during this financial crisis, chose not to convert their rights. And because the new order meant that you can't have divided rights anymore, the right could only come to Kumba, notwithstanding that we decided to apply for that 21% in any event, just as a belts and braces to make sure nothing could go wrong. Our application was fraudulently given to a company called ICT. It was fraudulently given to them, and the Department of Mineral Resources at the time granted that mining right to them.
We engaged very seriously and heavily with all the different spheres of government to say that this was both fraudulently given and shouldn't be done, and actually, Kumba were the only company that could hold that right in any event. We saw everybody in government, including the president at the time, explaining why this was a bad thing for South Africa, that the government is seen to be acting fraudulently and granting mineral rights in an incorrect way.
We said to the government, "we are going to have to take you to court," and clearly, we wanted to avoid that. Ultimately, it meant that we had to take our government to court. We went through all the spheres of government until eventually this was successful in the Constitutional Court in of South Africa.
We understood at the time that we were going to face massive pressure from government, both at an operating level, but at a company level, at a board level of Kumba and Anglo American. It was incredible the way that the boards, the chairman all supported the management.
This was a watershed moment in South Africa in the way that government was dealing with business in what we saw as a slippery slope, that if you give in here and we just accept this, of course it would've been a very bad outcome for Kumba, but it would've been a dreadful outcome for South Africa and for doing business in South Africa. And for the rule of law that South Africans had always prized to say that South Africa, irrespective of how difficult life has sometimes become in South Africa, we could always rely on the rule of law.
We did face that kind of pressure, including personal safety issues. The boards of both Anglo-American and Kumba were under massive pressure. The mine was under huge pressure. But we prevailed, and I think ultimately did the right thing for South Africa and for business in South Africa. We were successful against ArcelorMittal in the arbitration, and so we saved Kumba billions and billions of dollars worth of value over time. And I think did the right thing for the country and for doing business and doing mining business in South Africa.