No it ain't all me own werk - in fact I didn't write any of it. This is a somewhat brief update on the mining charter. It's worth the read. What it doesn't cover is where the charter sits at the moment. Wessel Badenhorst suggests that it is in fact law, but with the recent consultations that have been happening around the country the view is that the mining charter is in fact not in effect.
This is what Wessel says about the charter
It can be argued that the Charter is no more than a policy document containing the goals to be achieved by the mining industry in the foreseeable future. But this ignores the flavour of subordinate legislation added to the Charter – particularly in its revised form. It is accepted in certain circles that the Charter has the standing of law. The Charter itself provides that any failure to comply with its provisions will render the mining company in breach of the MPRDA.
Very often, conditions of economic empowerment of mining right holders are written into their mining rights and so become conditions thereof. Section 47 provides that where right holders breach the MPRDA or any condition of such rights, the Minister may revoke the rights.
Before the Minister may consider a revocation of rights, she must follow due process. Although one can split hairs as to whether compliance with the Charter is included in the concept of compliance with the MPRDA, it is an argument without an audience. As the issuing and renewing of rights under the MPRDA fall within the power of the Minister, and Government clearly wants to see transformation and social upliftment in the mining industry, any mining company who discounts the Charter does so at its peril.
You can read the whole publication here.
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