South African mineral resources minister Mosebenzi Zwane said on Monday he was concerned about the “prolonged legal uncertainty” over the country’s contentious mining charter.
The Pretoria High Court on Friday postponed a hearing on the charter to take place between 19 and 21 February next year from the original date of December 13 to 14 this year. The postponement was at the request of the Chamber of Mines which represents producers.
Counsel for the six parties now involved in the Chamber’s application met with Judge Sulette Potterill to discuss the adequacy of the two days set aside for the hearing, with the judge expressing concern that the two days may not be adequate.
The Chamber said it was prepared to explore the possibility of adding a third day in December to the hearing, but the Judge indicated that this was not an option because the Judge President had indicated that he wanted to be part of the case and was not available in December.
Consequently, Judge Potterill set the hearing for the Chamber’s application for the Review of the Revised Mining Charter down for 19, 20 and 21 February 2018.
“The prolonged legal uncertainty caused by the postponement is indeed regrettable, especially in as far as the implementation of our transformation objectives as the government is concerned,” Zwane said.
“We will, however, abide by the granting of the postponement.”
Zwane has temporarily suspended the implementation of the Charter until judgment has been handed down in the Chamber’s review application.
The Chamber of Mines is challenging the implementation of the Mining Charter which was gazetted in June, arguing it would harm the industry and the overall economy.
The charter sets new black ownership targets for the industry, including a stipulation that new mining rights holders have 30 percent black ownership shared among employees, communities and black entrepreneurs.
– African News Agency (ANA)
