Mining chamber lodges interdict to prevent Zwane from implementing ‘unlawful' notice
Zwane said the moratorium was related to the interdict brought by the chamber to halt and review the third iteration of the Mining Charter he gazetted in June but has subsequently told the chamber he will not implement given the pending legal battle around the document.
Zwane has not withdrawn the notice in the face of mounting legal opinion that he acted beyond his powers as stipulated in the Mineral and Petroleum Resources Development Act.
"The Chamber has therefore today issued and served an urgent application with the Pretoria High Court to review and set aside the notice and to interdict the Minister from taking any decision or issuing any directive contemplated in the notice‚" the chamber said.
The matter will be heard in court on August 4‚ the same day as the closing deadline for the submission of comments on Zwane's proposal.
The chamber said it would tackle Zwane on violating the Promotion of Administrative Justice Act as well as the constitutional merits of Zwane's actions and that he acted beyond the powers granted to him in the MPRDA.
"The Chamber notes‚ with regret‚ that the industry has no option but to proceed with court action to ensure that the Minister acts within the law‚ and in the best interests of the industry and the country‚" it said.
- BusinessLIVE
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