The Department of Mineral Resources and the Minerals Council South Africa, formerly the Chamber of Mines, are trying to mend fences over the contentious empowerment charter.
The Minister of Mineral Resources and Energy, Gwede Mantashe, last week withdrew his appeal in the Supreme Court of Appeal against an April 2018 ruling by the high court in relation to the (now repealed) Broad-Based Socio-Economic Empowerment Charter.
Mantashe’s spokesperson, Thandiwe Maimane, said the withdrawal of the appeal against the 2010 mining charter paves the way for certainty on the legal status of the 2018 mining charter. “Contrary to what might otherwise be assumed, the withdrawal of the minister’s appeal does not signify any change of position in relation to the transformative measures in the mining charters,” Maimane said.
“On the contrary, it paves the way to legal certainty over the current 2018 mining charter, which strengthens, enhances and extends the transformative measures that were previously set out in the 2010 mining charter.”
Mineral Council spokesperson Charmane Russell said the council and Mantashe have long expressed the hope that the matter can be resolved through engagement rather than the courts. “This step by the minister is welcomed as it advances the goal of achieving much-needed regulatory certainty in the sector,” Russell said.