The Minerals Council SA is once again challenging the Mining Charter in court, this time because it would impose onerous conditions on renewing and selling existing mining rights.
The council, previously known as the Chamber of Mines, wants the charter set aside despite already achieving a major court victory last year defending the so-called once empowered, always empowered rule for existing mining rights.
Practically, the problem mines now face is that they would have to top up the black ownership of their mines before they can renew those rights. This would massively increase the cost for restructuring companies selling and buying mines in South Africa. In an affidavit, the council’s senior executive for public affairs and transformation, Tebello Chabana, said: “After the right is granted, the minister may only revisit ... compliance if it is a condition of the mining right itself that the mining right holder continuously meet specific ... requirements.”
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