The Minerals Council has filed an application to take the third Mining Charter on judicial review and challenge its continuing consequences provisions after ongoing talks with the Department of Mineral Resources failed to find a solution within the 180 days available to file a review application.
The Minerals Council emphasised it supported most of the charter and its goals on transformation and growing the economy. Under the charter, companies who have met the previous 26% BEE ownership target in the past remain compliant even if their BEE partners decide to exit the transaction. That is, the court said, “unless such obligation is specified as an obligation in the terms and conditions stated in the right”, which could play a factor regarding the renewal and transfer of mining rights.
Chabana said council members “have serious challenges in meeting some of these targets in the timeframes” and want to understand the rationale behind them.
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