Chamber’s bid to block Zwane

The Chamber of Mines intends applying for an urgent interdict to halt the “unlawful” suspension of all new mining applications in the country by Mineral Resources Minister Mosebenzi Zwane, pictured.

This follows legal advice sought by the industry body, following the notice by Zwane, which was published in the Government Gazette on Wednesday.

According to the chamber, the notice constituted an unlawful action for many reasons, including the damaging impact on industry.

“The minister is acting beyond his powers under the Mineral and Petroleum Resources Development Act,” it said.

The chamber said it planned to write to Zwane to request “his immediate withdrawal” of the notice, failing which it will apply for an urgent interdict to suspend and review the notice.

“The effect of the notice is to pave the way for the minister to issue a further notice to prevent the issuing of new mining and exploration rights which will have an immediate negative impact on investment in the sector.”

But, according to Zwane’s department, the moratorium was necessitated by the urgent interdict lodged against him by the chamber, which he opposed.

“The chamber’s court papers stated that the urgent interim interdict was sought by it pending the outcome of an application to review and set aside the 2017 Mining Charter.

“The review application has not yet been instituted by the chamber. The chamber had set the urgent application down for hearing on July 18 and had stipulated a date for the filing of the minister’s answering affidavit which, having regard to the complexity and importance of the matter, gave the minister inadequate time to prepare his answering affidavit.”

Zwane said the moratorium would ensure any applications would advance “socio-economic transformation objectives of government”.