Minerals Council of SA has won a critical legal battle against the state after the high court ruled that the contested 2018 Mining Charter is not a binding instrument of law but instead a policy document.
This means that a number of key clauses within the charter have been set aside, chief among them is the re-empowerment clause that requires mining rights holders to maintain BEE targets of 26% for pre-existing mining rights and 30% for new mining rights.
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