The Chamber of Mines, on behalf of its members, has agreed jointly with the Mineral Resources Department to postpone its court application in respect of the reviewed mining charter, the Presidency announced on Sunday.
Following the State of the Nation address (Sona) on Friday, the Presidency has been in discussion with the Chamber of Mines to resolve the impasse over the mining charter and to facilitate a process of developing a new mining charter that all stakeholders can support and defend, it said in a statement.
"The Chamber of Mines, on behalf of its members, has agreed jointly with the department of mineral resources to postpone its court application in respect of the reviewed mining charter, which was due to be heard in the High Court on 19 to 21 February.
"The postponement serves to allow parties the space to engage and find an amicable solution.
"The Presidency and the Chamber of Mines have approached the seven other applicants, as well as two amici curiae, namely the National Union of Mineworkers and Solidarity, to advise them of this development, and have encouraged them to similarly postpone their applications," the presidency said.
This was in line with President Cyril Ramaphosa’s commitment during the Sona to intensify engagements with all stakeholders on the mining charter “to ensure that it is truly an effective instrument to sustainably transform the face of mining in South Africa”.
“By working together, in a genuine partnership, underscored by trust and a shared vision, I am certain we will be able to resolve the current impasse and agree on a charter that both accelerates transformation and grows this vital sector of our economy,” Ramaphosa said.
In a separate statement, the Chamber of Mines said that In line with the spirit and the tone of the message as stated by the president during the Sona on February 16, the chamber was agreeable to the request by the presidency to give negotiations a chance.
"The Chamber of Mines wishes to reiterate its position that only a negotiated mining charter taking on board the views and inputs of all key stakeholders will enjoy the support and endorsement of all stakeholders."
Chamber of Mines president Mxolisi Mgojo said, “We welcome the president’s intervention, and his commitment to engaging meaningfully with stakeholders in the industry – and others – on a new mining charter.
"Ultimately, a new mining charter must be developed and resolved through negotiation, with representation by a broad range of stakeholders – government, business, labour, and communities.
"For the Chamber of Mines, and the industry, legal recourse was always a last resort, intended to get the parties to the table, and the sooner we do that the better for the industry and our country,” Mgojo said.
The amici curiae, the National Union of Mineworkers and Solidarity, and the other applicants, represented by the Centre for Applied Legal Studies and lawyers for Human Rights, had been advised of this development, the chamber said.