Hearing to start on application for review of SA’s mining charter

The charter, which aims to transform the mining sector and increase the participation of South Africa’s majority black population, sets ownership and other industry targets while also aiming to ensure policy certainty.

JOHANNESBURG, May 2 (ANA) – The application for the judicial review and setting aside of clauses of the 2018 Mining Charter brought by the Minerals Council South Africa in 2019 is scheduled for hearing from Monday, the entity said on Sunday.

In a statement, the council said it was bringing the application in terms of the Promotion of Administrative Justice Act.

“In bringing this application, the mining industry is concerned about some key issues in the Charter, including the non-recognition of the continuing consequences of previous transactions in respect of mining right renewals and transfers, the practicality of the inclusive procurement provisions relating to local content targets for mining goods and other ancillary aspects of the charter,” it said.

The mining charter, which aims to transform the sector and increase the participation of South Africa’s majority black population, sets ownership and other industry targets while also aiming to ensure policy certainty.

On Sunday the minerals council, which represents mining companies in the country, said it and its members “fully support other aspects of the Charter and have continued with its implementation”.

“The Minerals Council brought this application when it appeared that efforts to resolve the residual matters through dialogue could not be successfully concluded,” it said.

It said the goal of the review application was to ensure adequate policy certainty that would facilitate the sustainability and growth of the mining industry and give new impetus to confidence in new exploration projects which had in recent years slowed drastically.

“The Minerals Council and its members remain fully committed to transformation of the mining sector in South Africa, with the aim of achieving job creation, economic growth, competitiveness and social upliftment and development,” chief executive officer Roger Baxter said.

A transformed and competitive mining sector would be a significant catalyst for South Africa’s social and economic development but these goals would only be realised through a policy framework that “conforms to the rule of law and principles of legality and by administrative action that is lawful, reasonable, procedurally fair”, he added.

– African News Agency (ANA), Editing by Stella Mapenzauswa