High Court finding on Mining Charter a massive defeat for the ANC
22 September 2021
Note to Editors: Please find attached soundbite by James Lorimer MP.
The finding by the Pretoria High Court that once a mining company has met the mandatory black empowerment figure, it does not have to keep meeting it with every change of ownership, is a massive defeat for the ANC government. It is simultaneously a victory for the mining industry and an opportunity to make South Africa’s mining industry properly investable.
This ruling could put an end to 3 years of uncertainty caused by the ANC’s 2018 version of the Mining Charter. The attempt to make re-empowerment a permanent feature, meant any mining investor would have to continually meet the cost of having to recruit new black owners, if the previous ones sold their shares. This was a serious disincentive to investment, as it made all but the richest mining prospects a losing proposition. Investment has fallen off commensurately.
The judgement has also rendered void all the complicated regulations related to procurement empowerment, which make mining extremely difficult. This is a big win for the ease of doing business, and is a big blow to companies which seek rents without adding value.