Mining Minister Mosebenzi Zwane has agreed not to implement the new Mining Charter until judgment has been delivered on the Chamber of Mines review application.
Yesterday the Chamber said the minister would sign a written undertaking to this effect when the chamber and the minister meet in the North Gauteng High Court on Friday.
“The Minister has also undertaken that if he makes any reference in public to the Reviewed Mining Charter, he will simultaneously make reference to his written undertaking and that the Chamber has brought review proceedings to set aside the Charter,” the statement read. The matter would then be postponed to December 13 and 14.
Meanwhile, the National Union of Mineworkers (NUM) has on Wednesday decided to approach the North Gauteng High Court as an intervening party or friend of the court in the Mining Charter three pending interdict.
This comes after the organisation studied the founding and responding affidavits of both the Chamber of Mines and the Minister of Mineral Resources case.
NUM Head of Transformation Luthando Brukwe said: “Our legal team tomorrow the 14th September 2017 will be presenting to the court reasons why the union should be admitted, in our founding affidavits we have also assured the court that our participation will not delay or postpone the scheduled dates of the 14th -15th September 2017.
“Since our intervention is premised on ensuring this process is not unduly delayed, thus negatively affecting our members and who are beneficiaries of various elements in the Mining Charter,” he said.
Brukwe added that although they are not going oppose the application by the Chamber of Mines, the NUM will be making critical submissions to the court, which they hope will assist the court in adjudicating this matter.
“In defence of the gains our members have benefited from in various charters like Employee Share Ownership Schemes, improved Home Ownership options and lastly, we want to also indicate the importance of this instrument (Mining Charter) in light of mining industry’s resistance to transformation and sector being not meaningful for communities and employees in general.”