'Regrettable' development in mining charter review case: minerals council
MINING JOURNAL.COM / 07 JULY 2020 - 11.22 / STAFF REPORTER
The Minerals Council South Africa has described a “regrettable” development in its legal action over the country’s 2018 mining charter.
It said yesterday the judgement, handed down by a full bench of the High Court in Pretoria following a May 5 hearing, had not dealt with the substance of the matter.
"Rather, the court has ordered that a number of other parties be joined to the action," the council said.
"Regrettably, this development does mean that the finalisation of the status of the contested elements of the 2018 Mining Charter will be delayed."
The council had sought a judicial review in 2019 over certain aspects of the charter, including the non-recognition of continuing consequences of previous empowerment transactions in respect of mining right renewals and transfers.
It said it had invited interested parties in January to join the hearing as amicus curiae, or friends of the court, no parties came forward and the court had ruled this inadequate.
The court ordered parties including community organisations, trade unions and the SA Mining Development Association be joined to the action, the council said.
"In its pleadings, the minerals council had taken the view that these groups did not have a legal right to be joined," the council said.
However it said the industry did recognise their role as stakeholders and said the council engaged "regularly with many of those named in various forums".
The council said it would give effect to the court order.
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