Long-awaited Mining Charter review postponed - Business Day

The long-awaited review of the suspended third Mining Charter in the High Court in Pretoria was postponed to February 19 from mid-December at the request of the Chamber of Mines, the Department of Mineral Resources said.

The chamber, which is seeking the review of the charter Mineral Resources Minister Mosebenzi Zwane introduced in mid-June, approached the court on November 24 to request the postponement of the review to February.

The chamber said, however, it had not requested the postponement and that the suggestion had instead come from the full bench of three judges, who felt the two days set aside in December would not be enough time to hear the matter.

Three community groups were granted the right a few weeks ago to join the review as co-applicants, a matter the chamber opposed, arguing it would take up valuable time in the two days in December the chamber and department were allocated to argue the matter.

“The prolonged legal uncertainty caused by the postponement is indeed regrettable, especially in as far as the implementation of our transformation objectives as government is concerned. We will, however, abide by the granting of the postponement,” Zwane said.

"On Friday November 24 2017, counsel for the six parties now involved in the Chamber’s application met with Judge Sulette Potterill to discuss the adequacy of the two days set aside for the hearing," the chamber said.

"The judge expressed concern that the two days may not be adequate. The Chamber was prepared to explore the possibility of adding a third day in December to the hearing, but the Judge indicated that this was not an option inter alia because the Judge President had indicated that he wanted to be part of the case and was not available in December," it said.