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Judgment reserved at Mining Charter review hearing

Minerals Council South Africa building in central Johannesburg.

Minerals Council South Africa building in central Johannesburg.

Photo by Creamer Media

7th May 2020

By: Martin Creamer

Creamer Media Editor

     

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JOHANNESBURG (miningweekly.com) – A full bench has heard the application for a judicial review of certain aspects of the Mining Charter gazetted in September 2018.

Judge President Mlambo, judges Vally and Van Der Schyff reserved judgment on the application lodged by the Minerals Council South Africa on March 27, 2019, when the 180-day time limit came into effect for reviews under the Promotion of Administrative Justice Act.

The one-day online hearing took place in the Pretoria High Court on Tuesday, the Minerals Council stated in a media release to Mining Weekly.

The date when judgment will be delivered has not yet been provided.

Aspects before the court include the non-joinder defence raised by the Department of Mineral Resources and Energy (DMRE) relating to interested and affected parties who ought to have been joined in the matter.

The various grounds of review include:

  • the non-recognition of the empowerment credentials in respect of renewals and transfers of existing mining rights;
  • the practicality of procurement provisions relating to mining goods and services; and
  • certain matters applying to the diamond industry.

Prior to that date and thereafter, talks were held between the Minerals Council and the DMRE in an effort to reach consensus on these matters, but those efforts were unsuccessful.

Papers relating to the hearing can be sourced at https://www.mineralscouncil.org.za/industry-news/publications/other-resources.

Edited by Creamer Media Reporter

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