Mines Minister suspends implementation of reviewed Charter

The Chamber of Mines advises that the Minister of MineralResources has given a written undertaking that the Minister and the Department of Mineral Resources (DMR), will not implement or apply the provisions of the 2017 Reviewed Mining Charter in any way, pending judgment in the urgent interdict application brought by the Chamber of Mines.
The Chamber of Mines is seeking an urgent interdict to prevent the implementation of the DMR’s
Reviewed Charter, published on 15 June 2017.

The Chamber says in a statement today that Minister has furthermore undertaken that, in the event of any breach of the above undertaking, the Chamber can set the urgent interdict application down for hearing on 48 hours’ notice to the Minister.

Based on the written undertaking, the Chamber of Mines has acceded to the DMR’s request for
extra time to prepare its answering affidavit to the interdict application and for the hearing to take
place on a later date. The hearing was scheduled for Tuesday, 18 July 2017. The parties have
asked the Deputy Judge President (DJP) of the High Court to allocate a hearing date in September
2017. This date is subject to allocation by the DJP, which is expected to occur by around the end of
July.

Chamber of Mines CEO, Roger Baxter notes that this is a satisfactory arrangement for the Chamber
and the industry, whose primary objective through the interdict application remains to ensure that
the DMR’s Charter does not come into effect, pending a court application to have it reviewed and
set aside. Mr Baxter reiterated the Chamber and the industry’s commitment to transformation, and stressed that it was imperative that meaningful and lasting transformation be undertaken in a way that it ensures the sustainability and growth of the industry.

The Chamber’s application to have the DMR’s latest version of the Mining Charter reviewed in terms
of the Promotion of Administrative Justice Act (PAJA) and the Constitution will be lodged as soon as
possible after judgment has been handed down in the Chamber’s urgent interdict application.
Meanwhile, the Chamber’s Application for a Declaratory Order in respect of the recognition of prior
BEE transactions under the Original and 2010 Charters, has been re-enrolled by the Deputy Judge
President for hearing on 9 and 10 November 2017.

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