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ARTICLE · 08 OCTOBER 2018

The 2018 Mining Charter

On 27 September 2018, the South African Minister of Mineral Resources, Gwede Mantashe, published the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2018

South AfricaEnergy and Natural Resources

On 27 September 2018, the South African Minister of Mineral Resources, Gwede Mantashe (the "Minister"), published the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2018 (the "2018 Mining Charter"). It is indicated that "implementation guidelines" are to be published in the near future. What follows is a summary of a few of the salient features of the 2018 Mining Charter.

Ownership

The "once empowered, always empowered" principle has been accepted but still in a qualified fashion, which will unfortunately lead to further litigation and legal uncertainty. Existing mining right holders who achieved a minimum of 26% broad-based black economic empowerment ("B-BBEE") shareholding will be recognised as compliant for the duration of the mining right, implying but without stating expressly that such recognition will lapse upon the expiry of the mining right, suggesting that such a holder will need to re-empower upon

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