The Department of Mineral Resources notes the Minerals Council South Africa’s statement on the application for a judicial review of the Mining Charter as gazetted in September 2018.
Statement from the Department of Mineral Resources:
The current Mining Charter represents broad consensus and acceptance by stakeholders who were involved in its development and formulation.
As such, it is a broadly agreed to, workable framework for transformation in the industry.
Leading to its gazetting, and thereafter, there have been and continues to be constant dialogue between the Ministry and various stakeholders.
It is therefore unfortunate that the Council has opted to take the Charter for judicial review.
Delaying the implementation of the Charter will impact negatively on the positive climate characterising mining and economic investment at present.
Such delays will also halt the realisation of the much-needed benefits for the workers and the mining communities.
In the past twelve months the Department has worked tirelessly to improve relations between ourselves and the industry, and other stakeholders – including among stakeholders themselves.
All these factors together, contributed to policy and regulatory certainty.
The improvements in the latest Fraser Institute mining survey, the buoyant mood in the 25th Invest in Mining Indaba and the 2018 Presidential Investment Summit, are positive indicators arising out of this situation.
We urge the Minerals Council to return to our dialogue and embrace the spirit of meaningful engagement to arrive at an amicable solution.
Approaching the courts implies a conflictual relationship, that requires intervention by an external party; yet we could – collectively – find the solution.
Against this backdrop, the Department intends to oppose the application by the Minerals Council. It will file its responding papers in due course.
The Ministry remains available to engage with all stakeholders on any matter relating to the mining industry.
We are committed to a transformed and competitive industry, that contributes positively to the growth of the South African economy.