Mining host communities in court to challenge 2017 Mining Charter

Miners moving in a mining tunnel.
Miners moving in a mining tunnel.

Four mining-affected communities represented by Lawyers for Human Rights will be in the Pretoria High Court on Monday to challenge the Mining Charter published by Minister of Mineral Resources Mosebenzi Zwane in June last year.

The communities want the 2017 Mining Charter set aside aside on the basis that it is incapable of fulfilling its purpose as required by the Minerals and Petroleum Resources Development Act 28 of 2002 (MPRDA).

The communities also want the court to order the minister and his department to begin a fresh‚ proper consultative process to develop and implement a new mining charter that reflects the rights and interests of mining-affected communities.

“A new mining charter is essential‚ as the current circumstances of mining affected communities reflect that previous versions failed to deliver on the promises of the MPRDA with respect to community upliftment and access to the benefits of mining”‚ said Michael Clements‚ head of the Environmental Rights Programme at Lawyers for Human Rights. “The process of drafting a new mining charter must reflect the direct interests of mining affected communities in the charter as a real mechanism for transformation of the industry”.

Mining community federations Mining Affected Communities United in Action‚ Women Affected by Mining United in Action‚ and the Mining and Environmental Justice Community Network of South Africa‚ as well as the Chamber of Mines‚ have also opposed the minister in this matter. 

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