Mining Charter rumbles on24 Jun 2018 18:52
https://www.fin24.com/Companies/Mining/gwedes-charter-gets-the-thumbs-down-20180624-2
"While it abandons many radical parts of the charter of Mantashe’s predecessor, Mosebenzi Zwane, it still contradicts a far-reaching declaratory order from the high court in April, according to Tebello Chabane, senior executive for public affairs and transformation at the Minerals Council (formerly the Chamber of Mines).
The controversial April judgment challenged the legal foundation of the whole charter system, and endorsed the mining industry’s insistence on a “once empowered, always empowered” principle.
Even though the new charter now includes a “once-empowered” system, Chabane is unimpressed.
“The court made a decision. It is neither here nor there that the department of mineral resources (DMR) has put it in the charter,” he said."
"The new charter proposes a black ownership target of 30% as a precondition for all new mining rights. More importantly, it demands that existing mines also top up from the old target of 26% to 30% in five years.
The 4 percentage point “top up” the new charter expects of all existing mining right holders is impermissible, said Chabane.
“The court said that once you give a mining right, that is it. The increased target is contrary to the judgment.”
Armed with the judgment, the council has backtracked on an offer it made Zwane last year to accept a 29% target for existing mines if the once-empowered principle was included in the charter. This was secret, but Zwane put his correspondence with the mines into the court record.
“It is true that before the judgment we were looking at options like that,” said Chabane.
Mantashe has already filed for leave to appeal the April judgment the council is using to attack the new charter. "