Mining Charter review application to be heard from Monday

The mining charter was drawn up to facilitate meaningful participation of historically disadvantaged South Africans in the mining and minerals industry.

FILE: Mineral Resources Minister Gwede Mantashe briefs media on the gazetting of the Mining Charter. Picture: GCIS

JOHANNESBURG - The Minerals Council South Africa on Sunday said an application for the judicial review and setting aside of certain clauses of the mining charter would be heard from 3 to 6 May.

The matter was heard last May, and judgment was handed down in respect of the non-joinder aspects on 30 June 2020, upholding the Minister’s defence of non-joinder. As directed by the court, the Minerals Council has now joined all the parties identified by the court as respondents to this matter, including the various community organisations and trade unions named by the court.

The council had opposed the introduction of the 12 parties arguing they had no legal right to be part of the case other than as friends of the court.

However, judges ruled that there should be participation of community organisations, unions and other social parties who were part of the formation of the charter.

The mining industry said its latest application was due to concerns of some key issues in the charter.

The council's Tebello Chabana said, “In bringing this application, the mining industry is concerned about some key issues in the Charter, including the non-recognition of the continuing consequences of previous transactions in respect of mining right renewals and transfers, the practicality of the Inclusive Procurement provisions relating to local content targets for mining goods and other ancillary aspects of the charter.”

The mining charter was drawn up to facilitate meaningful participation of historically disadvantaged South Africans in the mining and minerals industry.

Download the Eyewitness News app to your iOS or Android device.