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ARTICLE · 25 SEPTEMBER 2021

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High Court Ruling On Mining Charter 2018: "Once Empowered, Always Empowered"

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The Minerals Council contended that the Mining Charter III is a formal policy document developed by the Minister in terms of section 100(2) of the MPRDA.

South AfricaEnergy and Natural Resources
Mmaphuti Morolong
Mmaphuti Morolong
Godfrey Malesa
Godfrey Malesa
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Once empowered [is] always empowered [after all] – this is the effect of the judgment handed down by the High Court, Pretoria on 21 September 2021 in the matter between Minerals Council of South Africa vs Minister of Mineral Resources and Energy and thirteen others [Case No.20341/19] (the "Judgment") in relation to the challenge to the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 ("Mining Charter III").

The Minerals Council of South Africa instituted its application to review and set aside certain provisions of the Mining Charter III (the "Review Application") in terms of section 6(2) of the Promotion of Administrative Justice Act, 2000, alternatively in terms of the principle of legality as set out in the Constitution on the basis that:

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