Mining industry employers’ organisation Chamber of Mines’ (CoM’s) urgent interdict application to halt the implementation of the third iteration of the Mining Charter – published by Mineral Resources Minister Mosebenzi Zwane on June 15 – is likely to succeed, says Webber Wentzel partner Rita Spalding. One of the reasons is that Section 100(2)(a) of the Mineral and Petroleum Resources Development Act (MPRDA) only empowers the Minister to develop a broad-based socioeconomic empowerment charter. “It does not grant the Minister the power to alter, vary and/or revise such a charter,” says Spalding.
