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ARTICLE · 10 JULY 2018

The Draft 2018 Mining Charter

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The Draft 2018 Mining Charter does not deal with a holder who had already achieved 30% empowerment or more but has since dropped to below 26%.

South AfricaEnergy and Natural Resources
Lloyd Christie
Lloyd Christie
Ntsiki Adonisi-Kgame
Ntsiki Adonisi-Kgame
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On 15 June 2018, exactly one year to the day after the publication of the previous draft, the new South African Minister of Mineral Resources, Gwede Mantashe (the "minister"), published for public comment the Draft Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2018 (the "Draft 2018 Mining Charter"). Although there were some indications of the minister publishing the charter content in the form of delegated legislation, the minister has instead opted to retain the form of a charter and hopes to have his day in court in his appeal of the recent " once empowered, always empowered" High Court judgment.

Below are the most salient features of the Draft 2018 Mining Charter:

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