28 September 2018 by and Mining Alert

How will the 2018 Mining Charter affect you? The Mining Charter 2010 v the 2018 Mining Charter

The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry (2018 Mining Charter) was published by Gwede Mantashe, the Minister of Mineral Resources, on 27 September 2018, and became effective on that date.

While the fact that we at last have a greater degree of certainty in regard to the policy framework governing the mining industry, it is regrettable that the oncept of "Implementation Guidelines" has been introduced. It is not known what these guidelines will cover or what their legal status will be. These Implementation Guidelines are referred to only three times in the 2018 Charter – in regard to a 'Beneficiation Equity Equivalent Plan', in regard to developing Original Equipment Manufacturers and in regard to consent to use foreign-based analysis facilities.

In addition, the 2018 Mining Charter deals only with mining rights. No mention is made of prospecting rights and therefore the requirements for such rights remain uncertain.

We set out below a side by side summary of the 2010 Mining Charter requirements and the requirements of the 2018 Mining Charter, highlighting the differences between the respective charters.

Please note that this note does not analyse or provide any legal opinion or commentary in relation to the respective charters.

 

 

 

download PDF

The information and material published on this website is provided for general purposes only and does not constitute legal advice.

We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter.

We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.

Please refer to the full terms and conditions on the website.

Copyright © 2021 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com

You may also be interested in