The Chamber of Mines advises that, following an approach by legal counsel representing Mineral Resources Minister Mosebenzi Zwane, it has reached an agreement with him through his legal counsel.
The agreement is in respect of the Chamber of Mines’ urgent interdict to prevent the implementation of the Reviewed Mining Charter, as published by the Department of Mineral Resources (DMR) on 15 June 2017.
In terms of the agreement, the Minister of Mineral Resources has given a written undertaking that the Reviewed Mining Charter will not be implemented until judgement has been handed down in respect of the Chamber of Mines’ review application, which has rendered the granting of an interdict by the court not necessary at this stage.
The minister has also undertaken that if he makes any reference in public to the Reviewed Mining Charter, he will simultaneously make reference to his written undertaking and that the Chamber of Mines has brought review proceedings to set aside the Mining Charter.
In the interests of expediting the review process, which is the industry’s primary focus, the Chamber of Mines has agreed that the matter be heard on 13 and 14 December 2017 by a full bench of judges.
The minister’s undertaking may be found at:
The Minister has also undertaken not to implement the Reviewed Mining Charter until judgement has been handed down in the Chamber’s review application.
This is the second written undertaking the Minister has given to avoid legal proceedings in respect of the Reviewed Mining Charter.
The minister’s written undertaking is in stark contrast to the comments he made last week at the Africa Down Under Conference in Perth, Australia, where he told the international mining community that the Reviewed Mining Charter is “law” and that companies have 12 months within which to comply with the Mining Charter.
His comments caused further damage to investor confidence in an industry already struggling to secure investment.
The minister’s latest written undertaking now includes a commitment to provide clarity about his undertaking to suspend implementation whenever he discusses the Mining Charter in the public domain.
Feature image credit: The Department of Mineral Resources