Court case on mining charter postponed for negotiations

The Chamber of Mines, on behalf of its members, has agreed jointly with the Department of Mineral Resources to postpone its court application in respect of the reviewed mining charter, the presidency announced yesterday.

Following the State of the Nation address (Sona) on Friday, the presidency has been in discussions with the Chamber of Mines to resolve the impasse over the mining charter and to facilitate a process of developing a new charter that all stakeholders support, it said.

The application was due to be heard in the high court today until Wednesday. The postponement will allow the parties the space to engage and find an amicable solution. “The presidency and the Chamber of Mines have approached the seven other applicants, as well as two amici curiae, namely the National Union of Mineworkers and Solidarity, to advise them of this development, and have encouraged them to similarly postpone their applications,” the presidency said.

This was in line with President Cyril Ramaphosa’s commitment during the Sona to intensify engagements with all stakeholders on the mining charter “to ensure it is truly an effective instrument to sustainably transform the face of mining in South Africa”.

“By working together, in a genuine partnership, underscored by trust and a shared vision, I am certain we will be able to resolve the current impasse and agree on a charter that both accelerates transformation and grows this vital sector of our economy,” Ramaphosa said.

The Chamber of Mines said that in line with the spirit of the message from the president during the Sona, the chamber agreed to the request by the presidency to give negotiations a chance. “The Chamber of Mines wishes to reiterate its position that only a negotiated mining charter taking on board the views and inputs of all key stakeholders will enjoy the support and endorsement of all stakeholders.”

Chamber of Mines president Mxolisi Mgojo said: “A new mining charter must be developed through negotiation, with representation by a broad range of stakeholders – government, business, labour, and communities.

“For the Chamber of Mines, and the industry, legal recourse was always a last resort, intended to get the parties to the table, and the sooner we do that the better for the industry and our country.”

The amici curiae and the other applicants, represented by the Centre for Applied Legal Studies and Lawyers for Human Rights, have been advised of this development, the chamber said. – ANA