The application made by the Chamber of Mines seeks to prevent the implementation of the Reviewed Mining Charter as published by the Department of Mineral Resources (DMR) on 15 June 2017.
An application to have the Reviewed Mining Charter reviewed in terms of the Promotion of Administrative Justice Act (PAJA) will follow in due course.
The application notes that the Chamber of Mines and its members are fully committed to the transformational objectives of the MPRDA.
However, they are opposed to the DMR’s Mining Charter as it “attempts to subvert those objectives by the unlawful publication of instruments which purport to give effect to such objectives but in fact undermine them.”
The Chamber of Mines further notes that should the DMR’s charter be implemented in its current form, it will “destroy the very industry whose survival is necessary to give effect to the objects of the MPRDA.”
The application further argues that the publication of the 2017 Charter was so obviously beyond the powers of the Minister and that, in publishing the 2017 Charter, the Minister has purported to exercise powers which reside exclusively with parliament, which he has sought to usurp.
The Chamber of Mines’ application further notes that the DMR’s 2017 Charter is “so confusing and confused, and so contradictory in its core provisions, that not only are the mining companies who are supposedly obliged to comply with the 2017 Charter perplexed as to what they are required to do, but legal experts themselves are confused and find themselves unable to provide clear advice to their mining and investment clients as to the meaning and effect of the 2017 Charter.”
The application concludes that, “In summary, the 2017 Charter represents a most egregious case of regulatory overreach. The act of publication was and is harmful not only because of the content of the 2017 Charter, and the vague and contradictory language employed to convey that content, but also because of the clear threat to the separation of powers which that act presents.
The Notice of Motion may be found at:
Update on declaratory order
On 19 June 2017, the Chamber of Mines’ lawyers asked the deputy judge president of the High Court, Gauteng, to re-enroll the Chamber of Mines’ Application for a Declaratory Order in respect of the continuing consequences of black empowerment, which action was paused last year by agreement between the Chamber and the DMR.
For further information on why the DMR’s Charter is bad for mining, bad for South Africa, go to: