CHAMBER OF MINES AGREES TO MINISTER’S WRITTEN UNDERTAKING
Reviewed Mining Charter not to be implemented until judgment handed down on review application
Review process to be heard on an expedited basis by full bench of judges
Johannesburg, 13 September 2017: The Chamber of Mines advises that, following an approach by legal counsel representing Mineral Resources Minister Mosebenzi Zwane, the Chamber has reached an agreement with him through his legal counsel in respect of the Chamber’s urgent interdict to prevent the implementation of the Reviewed Mining Charter, as published by the DMR on 15 June 2017.
In terms of the agreement, the Minister of Mineral Resources has given a written undertaking that the Reviewed Mining Charter will not be implemented until judgment has been handed down in respect of the Chamber’s review application, which has rendered the granting of an interdict by the court not necessary at this stage. The Minister has also undertaken that if he makes any reference in public to the Reviewed Mining Charter, he will simultaneously make reference to his written undertaking and that the Chamber has brought review proceedings to set aside the Charter.
In the interests of expediting the review process, which is the industry’s primary focus, the Chamber has agreed that the matter be heard on 13 and 14 December 2017 by a full bench of judges. The Minister’s written undertaking will be presented to the High Court of Gauteng (Pretoria) on 14 September 2017 for noting.
The Minister’s undertaking may be found here.
Statement issued by the Chamber of Mines, 13 September 2017
MINISTER’S UNDERTAKING TO SUSPEND IMPLEMENTATION OF REVIEWED MINING CHARTER NOTED IN COURT
Minister avoids legal proceedings for a second time
Johannesburg, 14 September 2017: The Chamber of Mines and legal counsel representing Mineral Resources Minister Mosebenzi Zwane today presented the Minister’s written undertaking to the High Court of Gauteng (Pretoria) for noting. The Minister has undertaken not to implement the Reviewed Mining Charter until judgment has been handed down in the Chamber’s review application.
This is the second written undertaking the Minister has given to avoid legal proceedings in respect of the Reviewed Mining Charter.
The Minister’s written undertaking is in stark contrast to the comments he made last week at the Africa DownUnder Conference in Perth, Australia, where he told the international mining community that the Reviewed Mining Charter is “law” and that companies have 12 months within which to comply with the Charter. His comments caused further damage to investor confidence in an industry already struggling to secure investment.
The Minister’s latest written undertaking now includes a commitment to provide clarity about his undertaking to suspend implementation whenever he discusses the Charter in the public domain.
Statement issued by the Chamber of Mines, 14 September 2017