Today's Labour News

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gavel thumb100 BusinessLive reports that a majority judgment handed down in the High Court on Wednesday found that empowerment deals in the mining sector need not be perpetually topped up and called into question the validity of the second Mining Charter.  

But, the door was left open for the Department of Mineral Resources (DMR) to find reasons to appeal.  In a minority judgment, Judge Thina Siwendu issued a contrary set of findings, arguing that mining companies had to continuously top up their black economic empowerment levels if they fell below 26%; that the charter was a "statutory instrument with a force of law which was intended to be binding"; and that the Charter could not apply retrospectively to deals before the original charter was promulgated in 2004.  The majority found mining companies were not obliged to keep putting in place new empowerment structures once they had met their 26% ownership level and they could not be punished for failing to meet ownership conditions in the Charter.  The DMR said it had taken note of the judgment and that the new mines minister, Gwede Mantashe, would be briefed.

  • Read this report by Allan Seccombe in full at BusinessLive

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