The African National Congress (ANC) appears to have reversed its stance on the Mining Charter being enforceable under the Mineral and Petroleum Resources Development Act (MPRDA) of 2002, which is a major point of contention between the mining industry and government, as it confers legislative powers on the executive and thus violates the rule of law. Herbert Smith Freehills’ Africa partner and co-chairperson Peter Leon reported on Friday that ANC’s national executive committee (NEC) resolved at its meeting last weekend to abandon the long-held position of enforcing the charter as part of the Act.
