Law firm explains rationale behind Minerals Council’s application for judicial review of charter

Date: Apr 01, 2019

Law firm Dentons partner Brandon Irsigler says the Department of Mineral Resources (DMR) should not take the Minerals Council South Africa’s court application for a judicial review of Mining Charter 3 lightly, since the council is representative of the mining industry.

He noted, however, that taking a negotiated document like the charter on review is a major step in a process that has already created uncertainty for the mining industry for many years.

The Minerals Council on Wednesday announced that it had filed an application for a judicial review of the charter with the aim to have certain clauses set aside.

The council believes most aspects of the charter represent a reasonable and workable framework, but says the fact that the charter does not fully recognise the continuing consequences of previous empowerment transactions, particularly in respect of mining right renewals and the transfers of these rights, remains untenable.

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