‘Bucket of cold water’ for state after Mining Charter court ruling

Decision, which holds the charter is a policy document, underscores principle of once empowered always empowered

22 September 2021 - 21:04 By Karl Gernetzky

The high court has set aside some of the most contentious clauses of SA’s 2018 Mining Charter and entrenched the principle that companies can retain their empowered status even if their partners exit.

In a victory for the industry, the court said the charter was a policy document, not a binding instrument of law. Disputes on the principle of “once empowered, always empowered” have strained relationships between the government and mining houses. Mining companies have also been reluctant to boost investment, even with commodity prices booming, as the issue was uncertain. ..

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