Two parties to be co-applicants on Chamber of Mines charter review

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The High Court of South Africa on Tuesday granted applications by the two parties that sought leave to intervene as co-applicants in the Chamber of Mines’ application for a review of Mineral Resources reviewed Mining Charter.

“The Chamber of Mines notes the judgment handed down Today by the High Court in terms of which two parties, CALS and LHR (acting on behalf of certain mining community organisations) have been granted leave to become co-applicants in the Chamber of Mines’ application for a review of the DMR’s reviewed Mining Charter published on 15 June 2017,” the Chamber of Mines said in a statement.

This comes after the Chamber of Mines submitted its application for the judicial review and setting aside of the DMR’s Charter which was published by the Minister of Mineral Resources Mosebenzi Zwane in June to the High Court of South Africa, Gauteng Division last month.

The Chamber of Mines had opposed the parties CALS and LHR application to intervene as co-applicants due to the fact that their grounds for review are materially different from those of the Chambers.

“Our assessment is that it would not be possible for counsel for the Chamber and for the respondent, the Minister of Mineral Resources, to complete argument on a wide range of highly complex issues in the two allotted court days if two entire additional cases are joined.

“Arguing those grounds would take up a great deal of the limited time available.”

However, following the judgment, Chamber of Mines said that it respects the outcome of Tuesday’s proceedings and will proceed to study the Minister’s answering affidavit which was served and filed on Friday.

It will also be preparing its replying affidavit which must be filed and served on 22 November.

The Chamber of Mines’ application for a review of the DMR’s Mining Charter is scheduled to be heard by a full bench of the High Court over two days between 13 and 14 December.

 

 

 

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