New mining charter inclusive
IT WAS all smiles, singing and dancing outside the North Gauteng High Court, Pretoria, yesterday after communities were told they would be part of the process of drafting a new Mining Charter.
The legal challenge was postponed indefinitely for President Cyril Ramaphosa to start an inclusive consultation process in revisiting the charter.
A full Bench (three judges), headed by Judge President Dunstan Mlambo, in postponing the matter, ruled that Mineral Resources Minister Mosebenzi Zwane regard the mining communities as stakeholders in drawing up a new charter, and thus had to consult with them in the decision-making process.
The communities, who had entered the fierce legal battle alongside the Chamber of Mines to set aside the Mining Charter, felt all along that they had been sidelined when the 2017 Charter was drafted.
They felt that mining giants’ interests had been placed before those of the communities who were directly affected by mining activities in the country.
Ramaphosa, during the State of the Nation Address on Friday, committed himself to intensified engagements with all stakeholders on the Mining Charter “… to ensure that it is truly an effective instrument to sustainably transform the face of mining in South Africa”.
This was good news to the mining communities, but as they did not fully trust that the government would also listen to them, they insisted that the court declare that they were stakeholders who should be consulted.
Jomo Keromeng, who represented the Swartklip platinum mining community in Northam, Limpopo, was very happy about yesterday’s outcome.
“We are glad the court has recognised us … We are very grateful about that.
“We want our communities to be main role-players in the mining industry and not only labourers. We want our skills to be incorporated in decision-making. The only way to get there is through consultation.”
Keromeng said it was the people on the ground who were the most affected by the decisions made by government and mining giants. Chris Loxton SC, appearing on behalf of the Chamber of Mines, who turned to court to have the Mining Charter set aside, said it had been in discussion with the Presidency over the weekend to resolve the impasse over the charter. He said there had been negotiations to develop a new charter that all stakeholders could support.
The Centre for Applied Legal Studies which represented a number of communities, said the fact that they had been recognised as stakeholders was a historic victory for mining-affected communities, who would now have a seat at the negotiation table to discuss the charters.