BusinessLive reports that the first of two legal showdowns between the Chamber of Mines (COM) and the Department of Mineral Resources (DMR) starts in the High Court in Pretoria on Thursday over the interpretation of clauses around ownership in the first two iterations of the Mining Charter.  

The COM is seeking a declaratory order on the "once empowered always empowered" principle, or the continuing consequences of historical empowerment transactions on companies meeting their 26% black ownership target set out in the first two charters.  In contrast, the DMR demands that mining companies perpetually top up black ownership levels to maintain the 26% level.  Four major companies — Anglo American Platinum, AngloGold Ashanti, Gold Fields, and Sibanye-Stillwater — would fall below the 26% black ownership target if the DMR’s view is confirmed.  The second battle will be fought before the court in mid-December when the COM seeks to set aside the suspended third iteration of the Charter introduced in June, which it claims is nonsensical, impractical and deeply damaging to the sector.

• Read this report by Allan Seccombe in full at BusinessLive

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