Chamber lodges urgent interdict against Zwane's mining rights law

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Published Jul 25, 2017

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Johannesburg - The Chamber of Mines on Tuesday lodged an urgent interdict in the Pretoria High Court to prevent mineral resources minister Mosebenzi Zwane from implementing a notice to suspend the processing of the new section 11 of the Mineral and Petroleum Resources Development Act (MPRDA).

This comes after Zwane last week invited representations on his intention to restrict the granting of any new application for prospecting rights and mining rights and the processing of the applications for renewal of a prospecting right and renewal of a mining right in a bid to "promote the sustainable development of the nation's mineral resources".  

The chamber said it had therefore issued and served an urgent application to review and set aside the notice and to interdict Zwane from taking any decision or issuing any directive contemplated in the notice. 

"The Chamber of Mines advises that Mineral Resources Minister Mosebenzi Zwane regrettably failed to withdraw the notice that appeared in the Government Gazette under his name on 19 July 2017," the Chamber said in a statement.

"In the notice he invited submissions on his intention to suspend the processing of new section 11, mining and prospecting rights applications or their renewal."

The chamber said the matter would need to be heard in urgent court on August 4. This date is the deadline the notice affords members of the public to respond to the notice.

 

"The chamber will seek the urgent setting aside of the notice on one of two bases, namely either the Promotion of Administrative Justice Act (Paja) or the constitutional principle of legality," the Chamber said.

 

"The chamber's legal advice is that the notice constitutes an unlawful action for a number of reasons including the damaging impact of the notice itself and its proposed further action on the mining sector, and that the minister acted 'ultra vires' or beyond his powers under the MPRDA and unconstitutionally by issuing the notice."

 

The chamber, which represents 90% of South African mining companies, said that the industry had no option but to proceed with court action to ensure that Zwane acts within the law, and in the best interests of the industry and the country.

African News Agency

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