High Court orders community involvement in mining charter

19 February 2018 - 13:12 By Theto Mahlakoana
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Image: Reuben Goldberg

The Pretoria High Court has issued an order compelling government and the chamber of mines to involve communities affected by mining activities in new discussions over the mining charter.

The court has also agreed to postpone the matter in light of the agreement reached between the chamber and President Cyril Ramaphosa that the court case should be put aside to allow room for consultations.

On Sunday‚ the presidency and the chamber issues statements detailing that they had agreed to postpone the court case.

The court dismissed a submission by advocate Arnold Subel on behalf of Mineral Resources minister Mosebenzi Zwane that argued that a court order compelling consultation would imply that the minister did not in the past recognise communities as relevant stakeholders.

The communities had on Monday pushed ahead with the court action seeking the charter to be set aside and reviewed‚ despite the agreement between the chamber and Ramaphosa.

On Monday morning‚ the applicants’ legal representatives and the Department of Mineral Resources’ attorneys were locked in talks in the judges’ chambers to come to an agreement over the best recourse.

The affected communities have argued that their exclusion from the deal reached between the government and the chamber demonstrated how they are always sidelined by both parties in relation to the impact of mining in their communities.

Community members picketing outside the court ululated and cheered as the news about their interim success was announced.


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