ESG

SA miners await judgement on request for mining charter review

Minerals Council South Africa said efforts to reach consensus unsuccessful

Staff reporter

This article is 5 years old. Images might not display.

The lobby group said a full bench of the Pretoria High Court heard its application in a one-day online hearing on May 5.

It said the judgement had been reserved and there was "no further information on when a judgement is to be delivered".

The council had lodged its application in March 2019, saying certain provisions of the mining charter were problematic for the industry.

It said yesterday talks held prior and after lodgement with the Department of Mineral Resources and Energy to reach consensus were unfortunately unsuccessful.

The council said the matters before the court included a non-joinder defence raised by the DMRE; and grounds including the non-recognition of empowerment credentials in respect of mining rights' renewals and transfers, the practicality of procurement provisions related to mining goods and services and matters relating to the diamond industry.

It argued the minister had no power, after the grant of a mining right, to impose new obligations on right holders through the charter.

However the defence argued the minister was entitled to impose requirements and as "an inevitable consequence of the doctrine of state custodianship" it was necessary for the minister to retain some control after a mining right was granted, including upon transfer or renewal.

Expert-led Insights reports and Analytics tools built on robust data, rigorous analysis and expert commentary covering mining Risk, Projects, ESG, Leadership, and Investor Sentiment.

Expert-led Insights reports and Analytics tools built on robust data, rigorous analysis and expert commentary covering mining Risk, Projects, ESG, Leadership, and Investor Sentiment.

editions

ESG Index 2025: Benchmarking the Future of Sustainable Mining

The ESG Index provides an in-depth evaluation of the ESG performance of 60+ of the world’s largest mining companies. It assesses companies across 10 weighted indicators within 6 essential ESG pillars.

editions

Leadership Insights 2025

Leadership Insights reveals key trends in priority mining issues through interviews with 15+ top mining company executives and an industrywide survey.

editions

Mining IQ Risk Analytics

Risk Analytics offers interactive access to World Risk Insight data, allowing you to customise risk views, benchmark jurisdictions, explore data behind scores and read expert commentary to guide your decision-making.

editions

Project Pipeline Index 2025

View our 50 top mining projects, handpicked using a unique, objective selection process from an expanded database of 600+ global assets.