The Gauteng Division of the High Court handed down its judgement
in the matter between the Minerals Council of South Africa and the
Minister of Mineral Resources and Energy and other respondents,
noting that the continuing consequences of previous black economic
empowerment (BEE) deals should be recognised.
It also confirmed that the Minerals and Petroleum Resources
Department Act (MPRDA) does not empower the Minister of Mineral
Resources to make law. This means that the 2018 Mining Charter is
not binding subordinate legislation, but is rather an instrument
that guides policy.
This was the key issue in the application, which sought clarity
on the way forward for future mining charters developed in terms of
the MPRDA, on the frameworks within which rights holders could
exercise their rights, and on the scope and limitations of the
Minister's powers.
