More against Mining Charter

Minerals and Energy Minister Mosebenzi Zwane, pictured, will not oppose a bid by four North West and Limpopo communities to intervene in a court application by the Chamber of Mines to set aside the 2017 Mining Charter.

In an affidavit, he said he was not opposed to all possible stakeholders having a say in the application, but wanted to ensure the hearing, set down for December 13 and 14, was not delayed. He added that he would also oppose any proposed bid by the communities to set aside the charter.

The mining communities will this week seek an urgent order in the High Court in Pretoria allowing them to intervene as interested parties in the Chamber of Mines application, arguing that justice cannot be done if only the views of big business and government are represented in court.

The Centre for Applied Legal Studies, representing three mining community networks: Mining Affected Communities United in Action, Women Affected by Mining United in Action and the Mining and Environmental Justice Network, has also sought to be an interested party in the main application.

The mining communities and associated organisations maintained that negotiations on the Mining Charter have for the past 15 years only involved the state, mining companies and trade unions. This was despite the fact that the charter was intended to address inequality in the sector and benefit communities bearing the burden of mining.

The Chamber of Mines, which is also arguing there was no meaningful consultation when the charter was developed, will oppose their intervention. The Chamber contended in court papers the charter had already wiped out over R50 million of the market value of listed mining companies in South Africa and could destroy the industry altogether.

The communities claimed the charter failed to fulfil transformation objectives and did not safeguard their rights and interests. Zwane insisted the department had taken steps to ensure all stakeholders, including communities, had an opportunity to take part in a year-long public participation process. He denied the charter failed to redress the historical, social and economic inequality plaguing mining host communities, saying that was exactly what it sought to address.