MineralsCouncilSAMining Weekly reports that a full bench has heard the application for a judicial review of certain aspects of the Mining Charter gazetted in September 2018.  

Three judges reserved judgment on the application lodged by the Minerals Council SA (previously called the Chamber of Mines) on 27 March 2019, when the 180-day time limit came into effect for reviews under the Promotion of Administrative Justice Act.  The one-day online hearing took place in the Pretoria High Court on Tuesday.  The date when judgment will be delivered has not yet been provided.  Aspects before the court include the non-joinder defence raised by the Department of Mineral Resources and Energy (DMRE) relating to interested and affected parties who ought to have been joined in the matter.  The various grounds of review include the non-recognition of the empowerment credentials in respect of renewals and transfers of existing mining rights; the practicality of procurement provisions relating to mining goods and services; and certain matters applying to the diamond industry.


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