What You Need To Know About The Draft Reviewed Mining Charter

On 15 April 2016, the Minister of Mineral Resources, Mosebenzi Zwane (the "Minister"), unexpectedly published the draft Reviewed Broad Based Black-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 ("draft reviewed Mining Charter").

The timing of its publication means that the fate of the Chamber of Mines' current High Court application now hangs in the balance. The Chamber has asked the court for a declaratory order relating to the application of the 2010 Mining Charter, and the "once empowered, always empowered" issue in particular.

There may be many reasons (legitimate or not) for the "surprise" nature of the revised draft. The one less controversial reason relates to the need to avoid conflict between empowerment in the mining industry, the provisions of the Broad-Based Black Economic Empowerment Act, 2003 and the DTI Codes (collectively referred to as the "DTI Laws").