CoM files replying affidavit in Mining Charter interdict application
JOHANNESBURG (miningweekly.com) – The Chamber of Mines (CoM) has submitted a replying affidavit in the High Court, in Pretoria, in response to Mineral Resources Minister Mosebenzi Zwane’s August 7 affidavit, in an interdict application against the implementation of the Reviewed Mining Charter.
Zwane in June introduced the Reviewed Mining Charter, which has been strongly criticised by the mining industry.
The CoM said in its affidavit, submitted on Friday, that Zwane’s response did not deal with the shortcomings of the reviewed charter.
It further pointed out that the Minister focused on trying to undermine the credibility of the industry’s transformation journey.
“The chamber reiterates its continued commitment to real transformation‚ implemented with due regard to what is achievable‚ bearing in mind the realities of the situation the industry faces,” the affidavit said.
It added that unilateral development and implementation of the reviewed charter would not serve the interests of South Africa and its people and would only benefit a select few‚ destroy investment and leading to further job losses, causing irreparable damage to the mining industry.
The affidavit highlighted the charter’s effect on the mining industry, together with the absence of guidelines and lack of engagement when compared with the previous charters published in 2004 and 2010.
“The chamber and its members have been denied their right to a fair administrative procedure guaranteed by Section 3 of the Promotion of Administrative Justice Act as read with Section 33 of the Constitution. The chamber is, therefore, seeking that the implementation of the Reviewed Mining Charter be interdicted‚ pending the hearing in due course of the chamber’s judicial review application to be instituted soon thereafter.”
The review application, the CoM said, would seek to have the reviewed charter set aside as invalid and unlawful.
“The fact that the charter is enabled by the Mineral and Petroleum Resources Development Act (MPRDA) does not mean that it is a law on its own. The charter does not operate outside the provisions of the MPRDA as a standalone law of general application‚ which can confer obligations on rights holders and which can supplement or amend the MPRDA and even override other legislation‚” the CoM said.
The interdict application will be heard on September 14 and 15.
Comments
The
content
you are trying to access is only available to subscribers.
If you are already a subscriber, you can Login Here.
If you are not a subscriber, you can subscribe now, by selecting one of the below options.
For more information or assistance, please contact us at subscriptions@creamermedia.co.za.
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation