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JPMorgan investing its ‘sustainable’ funds in mining giant Glencore

For decades, coal mines operated by the world’s largest mining multinational, with the support of the world’s largest asset manager, have polluted the rivers and aquifers of Mpumalanga, with serious consequences for the population, say local NGOs and experts. An investigation in collaboration with The Bureau of Investigative Journalism and Voxeurop.

JPMorgan investing its ‘sustainable’ funds in mining giant Glencore
In February 2011, then human settlements minister Tokyo Sexwale allegedly told Mosebenzi Zwane to stop illegal payments for a Free State housing scheme. Mpho Mokoena testified he heard as much when he attended the meeting in Sexwale’s office. Mokoena, former Free State human settlements department head, testified at the Zondo Commission on Tuesday 22 September 2020. A day earlier, former president Jacob Zuma was due to testify. His lawyers told the secretariat Zuma was preparing for his criminal trial, he had received medical advice to mitigate his risk of contracting Covid-19, and he was taking legal advice about regulation changes. R631-million for naught With Zuma’s appearance struck from the week’s plan, the legal team introduced evidence on an obscenely wasteful Free State housing project. According to the present Head of Department (HOD) Nthimotse Mokhesi, the department spent a staggering R631-million on the project without receiving anything in exchange. “There was no evidence when the department made its payments that it received value for the payments it made in that houses had been built or partly built,” read Mokhesi’s statement. At most, some foundations were laid for RDP houses. Building materials, when delivered, were dumped on site. Contractors simply failed to build houses, vanished with government funds, and faced little to no consequence. Mokhesi testified the department did not get bang for its buck, while the scheme’s consequences included homelessness for some of those meant to benefit, and a delay in housing for hundreds of families. His predecessor, Mokoena, claimed Zwane masterminded the con in October 2010. Mosebenzi ‘Mastermind’ Zwane Zwane now serves as an ANC MP and is dogged about his political survival. Zuma appointed him as Minister of Mineral Resources in 2015. Previously, he was the MEC of Human Settlements in the Free State. [caption id="attachment_723372" align="aligncenter" width="2200"] Free State head of the Department of Human Settlements Nthimotse Mokhesi testifies at the Zondo Commission in Johannesburg on 21 September. (Photo: Gallo Images / Papi Morake)[/caption] To date, witnesses at the inquiry have detailed Zwane’s role in the Vrede Dairy Project. As minister, he was instrumental in securing Tegeta’s acquisition of Optimum Coal Mine. Now Zwane stands accused of masterminding a wasteful housing project with hundreds of millions of rands unaccounted for. Zwane allegedly hatched a plan in October 2010 to ensure the provincial department would not forfeit more than R1-billion allocated by the national department for the 2010-2011 financial year. “Our problem is that we were not spending on our human settlement grant,” explained Mokoena. He claimed Zwane proposed a solution: belatedly approve a housing project before the financial year ended and hurriedly pay contractors in advance, long before they met building milestones. “For me, it was illegal,” said Mokoena. The former HOD was adamant he was the only person at the October 2010 meeting who raised a problem with Zwane’s plan. “We were trying to work from the allocation backwards,” he explained. Eat the dust After the October 2010 meeting with officials, Mokoena asked Zwane for a word in private. “He said then to me: look, we have discussed about this. This is my plan and it’s going to happen,” testified Mokoena. Zwane allegedly told Mokoena if he did not sign approval for the plan’s implementation he should resign. Mokoena claimed Zwane threatened him with “abject poverty”, saying to Mokoena he would be “poor, you’ll be like grey, like dust”. Chairperson Deputy Chief Justice Raymond Zondo asked Mokoena to translate precisely what Zwane allegedly said to him in Sesotho. Mokoena answered, “You’ll be walking next to your shoes, you won’t walk in your shoes. There will be no shoes to walk in, in other words.” According to Mokoena, Zwane presented a list of contractors the following week. Fewer than half the companies were known to Mokoena, who had worked in the department for 15 years. According to Mokhesi, contractors who had never built a single RDP house were given money to build 600 of them. Not on my watch, says Sexwale Once Mokoena approved implementation in late 2010, a payment glut began. The payments caused minister Sexwale alarm. The national department was stunned at the department’s payments, including handing cash to suppliers. In February 2011, Zwane and provincial officials (including Mokoena) met Sexwale in his office. During the meeting, said Mokoena, Zwane addressed the legality of the plan he allegedly hatched in October 2010. Mokoena recalled: “The minister said, ‘No, I’ll not agree to it. I hear you but this is not correct.’ ” “Did the MEC attempt to persuade the national minister that the plan was legitimate?” asked Pretorius. “He did try in the meeting, but he did not succeed,” said Mokoena. He wrote in his affidavit to the inquiry: “The minister said he heard that we were paying in advance and that same must be stopped as it is illegal, and it could not happen whilst he is the Minister of Human Settlements.” Zondo grilled Mokoena on his own liability: “Why is it that you had not been able to build even one house? Why was it that you had not appointed service providers on time? Because you were the HOD.” Mokoena said he regretted many of his actions as HOD. Pretorius gave the witness a nod for his candour. In 2013-2014 the provincial department investigated the scheme and sanctioned some managers. Consequences? What consequences! The Special Investigating Unit (SIU) has interrogated the scheme’s finances, too. Seeming bewildered at the inaction, Zondo wanted to know why there were no arrests. He pressed Mokhesi as to why political “kingpins” in the swindle had not been brought to book. Zondo said: “It is concerning because part of the complaints connected with allegations of State Capture is that some of the law enforcement agencies were paralysed or didn’t do their job in regard to certain matters.” Pretorius noted: “It just seems in the first place unfair to charge those who were down the line in the pecking order, as it were, in executing the plan and not charge the person that devised the plan.” Zondo added: “It is concerning when the taxpayers have lost as much money as we are talking about here and they lost it in 2010 and 2011 by the end of the financial year […] that’s March 2011. “Ten years later there is nothing that the public knows that the department knows that gives confidence that something is being done, that the matter is being given the urgent attention it deserves.” Mokoena is due to continue his evidence on Wednesday 23 September 2020 from 10am. DM

‘In our cynical society, it is often the case that mining companies build up their profits while not reporting to their shareholders the environmental and social costs that are absorbed by the surrounding poor and disempowered communities.” In Johannesburg, Mariette Liefferink was brimming over with this inflamed thought as she composed a letter to the US-based bank JPMorgan to express her outrage at the company’s misdeeds.

“Our regulators are often compromised and give in to the pressure of the coal mining industry. [They] do not have the political will to enforce our laws,” Liefferink said.

Liefferink, who is president of the South African NGO Federation for a Sustainable Environment, addressed her letter to Chuka Umunna, the global head of sustainable solutions at the world’s largest asset manager. 

After a political career that included a run for Labour leader, Umunna turned his hand to investment banking. “It’s the other side of the fence of actually trying to change the world,” he said a few months after joining JPMorgan. “I don’t want it to sound too grand but that’s what this bank is in the business of doing.”

Umunna now leads a team that helps JPMorgan, one of the world’s biggest banks, raise money from investors who care about sustainability. He works for JPMorgan’s investment bank rather than the asset management arm that runs these funds. In that role, Umunna says, he oversees “JPMorgan Chase’s sustainability strategy across EMEA and the franchise’s own efforts to integrate sustainability into its own operations and business activities in the region”. He did not respond to Liefferink’s email.

“Most of the people, when they do drink this water they get stomach aches,” she said.

Despite a backlash against so-called “woke capitalism” over the past few years, this remains big business. Investing that accounts for environmental and social issues – known as ESG – is expected to surpass $40-trillion by 2030. And it’s vital in order to limit global heating to 1.5°C and avoid catastrophic climate change, according to the UN. 

Infographic: Top 10 asset managers according to returns on investments made in Glencore by EU-regulated green funds*, named using terms mentioning public good

Bottom of infographic: Returns in dividends plus capital gains between Q4 2021 and Q2 2024. Given the difficulty of knowing the buy and sell prices of the shares, intervals have been constructed to measure the returns. The minimum is the lower limit and the maximum is the upper limit.

Yet some of the investment funds JPMorgan calls “sustainable” are going to the mining giant Glencore, whose coal activity in South Africa is causing devastating environmental damage. In fact, supposedly sustainable funds run by JPMorgan Asset Management are supporting Glencore to the tune of a quarter of a billion dollars, the Bureau of Investigative Journalism (TBIJ), Voxeurop and the Daily Maverick can reveal.

Chronic pollution

In the heart of South Africa’s coal belt, longtime residents of the mining town of Phola, Mpumalanaga, say they don’t trust the local water supply. “When you open the tap – if by the grace of God water comes out that day – it’s rusty, it’s smelly, it’s not something you can consume,” said a mother who asked to remain anonymous for fear of speaking out against the powerful mining companies. 

Diep River cleaning complaint by a resident on 26 January 2024 by Kristin Engel on Scribd

“It becomes frustrating because if you can’t drink the water, you [have to] buy water. If you bathe in it, you get skin rashes.” Her son, now 16, started developing regular skin rashes when he was six. “That was when I started noticing it’s not an allergy but there was something wrong with the water.”

Daisy Tshabangu (52) moved to Phola because her family worked at the coal-fired power station that looms on the horizon. “Most of the people, when they do drink this water they get stomach aches,” she said.

Glencore runs three mining complexes in the area. According to a recent government report, obtained via a freedom of information request, one of those has been breaking environmental laws since 2017. The company’s Tweefontein coal mine has been accused of several breaches including seriously contaminating a local river, storing hazardous waste in open containers and failing to fix broken walls at a sewerage facility. 

Glencore says its water treatment plant supplies clean water to Phola as part of its “commitment to sustainable development”. But residents say this isn’t happening. “Their failure to treat the water comes back to the community and ends up getting the community members sick, people that rely on that water,” said Collen Mabelane from Mining Affected Communities United in Action. 

Despite repeated requests to clean up its operations, the Tweefontein mine was still in breach of a number of environmental laws as recently as November 2023. But the company’s licence has not been revoked.

Phola residents feel abandoned by the companies whose mines dominate the landscape. Unemployment is high, infrastructure is crumbling, and basic services are not being met. “We don’t benefit from the mines,” Tshabangu said. “There’s a lot we don’t have but we are surrounded by mines. So, to us, it seems like we are being sidelined as a community.”

A few months ago, researchers from the University of the Witwatersrand went to Phola to test the water. Daily Maverick was told by anonymous sources that the tests showed nothing alarming. It is worth noting that the university has ties with Glencore, which has sponsored its graduate students and hosted some of them at Tweefontein Mine.

Matthews Hlabane, founding member of the South African Green Revolutionary Council, has also recently performed tests with his fellow activists. The results showed contamination and acid mine drainage.

Dawn over the coal mine
Dawn over the coal mine. Photo: Cameraman

Glencore told TBIJ that mitigating negative impacts of its mines is imperative to building trust with local communities, which it maintains through ethical and responsible business practices.

The company said it is not directly responsible for water supply to Phola, which is a municipal service, but contributes to a reservoir that also receives water from other sources. It said it monitors the quality of the water provided by its treatment plant weekly to ensure it is suitable for consumption. The company said it has been taking action in response to Department of Water and Sanitation inspections since 2017, and that incidents identified in the 2023 audit have been addressed.

Paying the cost of coal

South Africa is a country hooked on the world’s most polluting fossil fuel. The vast majority of its energy is generated by burning coal, and most of that is mined in Mpumalanga. But the industry has devastated local communities and contributed to a chronic water crisis affecting more than four million people, according to campaign groups.

The Mpumalanga mines form a small part of Glencore’s global operations. It is the world’s fifth-biggest coal miner, selling more than 100 million tonnes in 2023 – including from the notorious Cerrejón mine in Colombia where a litany of human rights abuses and environmental destruction have taken place. In short, Glencore is not the kind of company investors might expect to support when putting their savings into a sustainable fund. 

JPMorgan Asset Management, however, had more than $260-million invested in Glencore shares and bonds via supposedly sustainable funds in the second quarter of last year, according to data from LSEG and fund reports. 

JPMorgan’s green funds investing in Glencore

Bottom of infographic: Evolution of funds investing under EU Sustainable Finance Disclosure Regulation’s Article 8 (promoting social and/or environmental characteristics), in US dollars.

Furious that so-called sustainable finance is supporting Glencore, Liefferink wrote to Umunna in November 2024 about the environmental risk, ecological degradation and pollution associated with JPMorgan’s investment in the company. She highlighted two JPMorgan funds with ESG in their name, both of which had millions of dollars invested in Glencore. 

Liefferink urged the bank to review its investments in Glencore due to the company’s alleged breaking of environmental laws, as well as the pollution, wildlife damage and environmental risk its activities were causing. Umunna did not respond.

A wider problem

After a rapid rise in popularity, ESG investing is the subject of increasing scrutiny around the world. Regulators are trying to settle on what it means and create labels that are easy for investors to understand. 

TBIJ and Voxeurop analysed a number of funds JPMorgan lists on its “sustainable investing” page that promote “environmental and/or social characteristics”. JPMorgan explains that this may include “effective management of toxic emissions and waste, as well as good environmental record”. Crucially, the funds have certain restrictions on investments in companies involved in thermal coal. On the face of it, this would appear to prohibit those funds from investing in Glencore. 

The devil, however, is in the detail. JPMorgan specifies that at least 51% of investments held by its sustainable funds must have positive environmental and/or social characteristics. The remaining 49% can be invested without such restrictions. 

Jakob Thomä, chief executive of Theia Finance Labs, a climate think tank, said: “The overwhelming majority of retail investors, in my view, would feel misled if they knew that was the criteria for labelling something as a sustainable fund.” 

He said that some sustainable funds may therefore be breaking EU law, which brands anything that “deceives or is likely to deceive the average consumer” as misleading commercial practice.

JPMorgan’s sustainable funds also exclude companies that make more than 20% of revenues from thermal coal extraction. Despite being one of the world’s biggest coal companies, Glencore slips under this threshold in terms of revenues but in terms of actual profit coal mining accounts for nearly half. 

JPMorgan declined to comment on the findings of this investigation or to answer whether it considered Glencore an investment with positive environmental and/or social characteristics.

In an interview with Umunna in 2024, it was suggested to him that the finance sector is moving towards “sustainability 2.0” as regulators increase their scrutiny of ESG commitments. “I think the first version was one where people essentially were marking their own homework, setting their own targets and rules and there wasn’t so much regulation,” Umunna said. 

He said those issues won’t go away with new rules but the burden will instead be placed on the ultimate investor. “The effect of the regulation is to promote and put more disclosure out there which enables investors to make better-informed decisions about what they do.” DM

EU-regulated green funds* named using terms mentioning public good investing in Glencore

Bottom of infographic: Investments value in US dollars in 4th quarter of 2023. (latest available full update from the LSEG database). DM

This article is part of the investigation coordinated by Voxeurop with the support of the Bertha Challenge fellowship. Stefano Valentino is a Bertha Challenge Fellow 2024.

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