The NUM has noted the Minister of Mineral Resources and Chamber of Mines undertaking that sets aside the 2017 Mining Charter  until the review application in December 2017

14 September 2017

The National Union of Mineworkers (NUM) notes the undertaking by the Minister of Mineral Resources to the Chamber of Mines on the provisions of the 2017 Mining Charter, in which the Minister agrees not to implement or apply the provisions of recently gazetted mining charter until the judgement of the review application set down for the 13-14 December 2017.

The NUM had on the 1st September 2017 filled its application to be admitted as a respondent or a friend of the court, due to the substantial interest it has on the outcomes and potential negative impact on its members (who are beneficiaries of various elements of the charter). One of these critical areas of concern is a long drawn out legal process, which will see many mining companies suspending or not implementing various provisions like Skills Development, Employee Share Ownership and Home Ownership options for employees, even though the 2010-2014 Mining Charter 2 is still applicable and enforceable. As a friend of the court, we will also be assisting the full bench of Presiding Officers with the beneficiary's view on the current impasse, while strongly praying on the importance of a mining sector transformational instrument that will redress the imbalances of the past.

As such, the union finds comfort in the strict timelines set out for the three parties (Minister, COM and NUM) to file and respond to the review application, with the last heads of arguments being filed by the Minister and NUM on the 5th December 2017. This paves way for the speedy resolution of the matter, let alone the fact that the review application will be heard by a full bench (which is highly appreciated). In the meantime, we are calling on all parties to consider the possibility of finding an amicable solution before the specified court date, in which we will focus on creating a sustainable mining industry inclusive of employees and communities. An industry with equitable distribution of profits improved health and safety record, enhanced skills development for all employees (including contractors), improved living conditions for employees and last little or no retrenchments.

Issued by Luthando Brukwe, NUM Head of Transformation, 14 September 2017