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CROSSING SWORDS

21st July 2017

By: Martin Creamer

Creamer Media Editor

     

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The urgent interdict application brought by the Chamber of Mines to halt the implementation of Mining Charter Three is likely to succeed, says Webber Wentzel partner Rita Spalding. The Mineral Resources Ministry gazetted the controversial new charter on June 15 without the widespread stakeholder consultation that characterised the first two iterations of what is policy rather than law. Section 100(2)(a) of the Mineral and Petroleum Resources Development Act (MPRDA) gave the Ministry six months from May 1, 2004, to develop a new charter, which it missed by 13 years plus. To give effect to Mining Charter Three, Parliament would have had to pass the MPRDA Amendment Bill, which it has not yet done. In hastily implementing Mining Charter Three, the Ministry may have had more of its eye on last month’s African National Congress policy conference than on legislative consultation. Yet another example of the surreal road that the Ministry and its errant Department of Mineral Resources are taking.

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