A COURT case brought by the Chamber of Mines
against the Department of Mineral Resources to secure a declaratory
order around empowerment provisions in the Mining Charter starts on
Tuesday, but the chamber is open to mediation to settle the matter out of court, CEO Roger Baxter says.
The
chamber, which represents companies extracts about 90% of SA’s mineral
wealth, has turned to the courts to resolve the impasse with the
department about whether past empowerment deals that have fallen away
should still count towards their transformation credits. The department
is vehemently opposed to this, arguing that mining companies must
perpetually have a minimum 26% black ownership structure.
While the department under former mining minister Ngoako Ramatlhodi had agreed with the chamber early last year to approach the courts jointly to seek the declaratory order, legal realities set in and the chamber approached the court first to seek the order.
While the department under former mining minister Ngoako Ramatlhodi had agreed with the chamber early last year to approach the courts jointly to seek the declaratory order, legal realities set in and the chamber approached the court first to seek the order.