Mineral Resources and Energy Minister Gwede Mantashe has welcomed the June 30 ruling by the Gauteng High Court that the Minerals Council South Africa include parties representing communities, trade unions and black economic empowerment (BEE) entrepreneurs in its judicial review of the 2018 Mining Charter proceedings.
In his answering affidavit to the council’s court application, Mantashe argued that the council had failed to include these parties, who clearly identified themselves as having a direct and substantial interest in the outcome of the litigation.
The council, which has been ordered to pay the cost of the application, must now include the above parties as identified in the order.
In a statement on July 7, the Department of Mineral Resources and Energy (DMRE) said it was “gratifying to see the courts assert the importance of involving these parties in matters that have a bearing on their fate”.
The DMRE adds that this augurs well for South Africa’s transformation ethos.
The DMRE states that transformation of the mining sector, or lack thereof, affects all who are impacted by its activities.
Further, the DMRE points out that decisions cannot be taken to the exclusion of workers, mining communities and BEE entrepreneurs. According to the DMRE, these parties are central to the drafting of the Mining Charter, thus the order affirms their inclusion at all material times.