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Court ruling on inclusion of communities in Reviewed Mining Charter matter welcomed

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Mining affected communities and seven other applicants have welcomed the North Gauteng High Court’s ruling to recognise them as interested and relevant parties in matters relating to the Reviewed Mining Charter. The group accused Government and the Chamber of Mines of striking a deal behind closed doors in the absence of other applicants in the matter.

The Chamber says it welcomes the court’s ruling on the matter. Mining affected communities and seven other applicants picketed outside the Pretoria High Court following an announcement by the Chamber of Mines to withdraw the application to review the Minister’s Reviewed Mining Charter.

The Chamber of Mines said that it was encouraged by President Cyril Ramaphosa’s expressed commitment, during his State of the Nation Address, to resolve the impasse over the Mining Charter and to facilitate a process of developing a New Charter through negotiation.

Mining affected communities struck back accusing government and the Chamber of Mines of making deals behind closed doors.

“Mining affected communities are people who bear the brunt of the impacts of mining, environmental pollution, loss of land, loss of heritage, loss of water sources. All of these things communities who are hosting mines feel first, so we’re saying that in any deal that is reached, in any agreement that is made, any developmental project, mining communities must be at the centre of that conversation,” says Mining Affected Community representative, Christopher Rutledge.

The court ruled to postpone the application for a review and also ruled that mining affected communities and other applicants be recognised as relevant stakeholders in the matter. Rutledge said that members have welcomed the court’s decision.

“We are very happy that the matter has now been postponed officially, and that mining affected communities, Macua and Wamua and Negcon and other parties have been affirmed by the court as relevant stakeholders. So what that means in practice is that any deals that government might want to strike with the Chamber of Mines behind closed doors, like they did over the weekend, is up for scrutiny and we can approach the court if we are not consulted properly.”

Chairperson of the Joburg Indaba Mining conference, Bernard Swanepoel, said that transformation and inclusion is necessary in the industry, but it will take a longer time for big mining companies to be charter friendly.

“There’s a great need for transformation in the industry, and there’s a great need for inclusiveness. So as you can see from today the communities that are suddenly excluded from the court case are not happy, and I think over all smaller mining companies, junior miners already feel left out. And so, I think although we can reset and renegotiate, I don’t think we should expect that suddenly this is going to make a big mining company, friendly.”

Responding to the court order, the Chamber of Mines said that it wished 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. Click below for more on the story: 

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