How Zwane has overstepped the mark with mining rights moratorium
Mineral Resources Minister Mosebenzi Zwane has applied an overly broad interpretation of his powers, and it’s hard not to see this as a strong-arm tactic
On June 15 2017‚ Mineral Resources Minister Mosebenzi Zwane published the Broad-Based Socioeconomic Empowerment Charter for the South African Mining Industry‚ 2017 (Mining Charter 3) under the auspices of section 100(2)(a) of the Mineral and Petroleum Resources Development Act‚ 2002 (MPRDA). Subsequent to its publication‚ the Chamber of Mines brought an urgent application to interdict the minister‚ his delegates and officials‚ the Department of Mineral Resources and its officials from implementing and applying the new Mining Charter "in any way‚ directly or indirectly" pending the finalisation of a judicial review application. On July 14 2017‚ the chamber announced that it‚ together with the minister and the department, had reached an agreement under which the minister and the department had undertaken not to implement or apply the provisions of the new Mining Charter in any way‚ pending judgment in relation to the interdict. The minister furthermore undertook that‚ in the event of ...
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