Ina Opperman
Business Journalist
5 minute read
23 Sep 2021
2:16 pm

Policy is not law, says court as it reins in Mining Charter

Ina Opperman

Certain parts of the Mining Charter must also be removed because they are unconstitutional.

Picture: iStock

Policy is not law, a court says about the Mining Charter, after Minerals Council South Africa brought an application against the minister of mineral resources and energy to review and set aside certain clauses of the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry of 2018. As an alternative, the council asked the North Gauteng High Court to issue a declaration that the challenged clauses are inconsistent with the principle of legality and should be set aside. The council brought the application under the Promotion of Administrative Justice Act (PAJA). ALSO READ: New mining charter is a lawsuit...