Mining Charter under fire

The largest network of communities affected by mining in SA has rejected the draft Mining Charter ahead of a summit this weekend.

The Mining Affected Communities United in Action (Macua) said it would go back to court if substantive issues were not addressed soon.

The Minerals Council SA, which represents most mining companies, and labour organisations have acknowledged the redrafted charter as an improvement but said that it was still flawed.

The mining industry lauded the charter for retaining the once empowered always empowered principle inherited from the previous charter. The then Chamber of Mines challenged a proposed amendment in earlier charters, which would have required a perpetual state of empowerment.

Macua, which represents about 200 communities in all provinces, said it had not been consulted during the drafting process. It then took the Department of Mineral Resources to court and won an order compelling it to consult them.

This week, community organisations “overwhelmingly” rejected the subsequent consultation process as “rubber stamping” and the proposed charter in its entirety.

Christopher Rutledge, the natural resources manager at Action Aid SA (one of the civil society organisations supporting the communities), said Macua and affiliated organisations were in consultation with their legal team.

“There is a strong likelihood we will challenge the charter in court for its lack of consultation, and other substantive issues.”

Yet another legal challenge is likely to delay the long-awaited charter.

The rejection of the charter in midweek followed two days of deliberations among community representatives in Benoni this week.