The department has noted statements attributed to the Chamber of Mines regarding the draft reviewed Mining Charter.
The department has engaged comprehensively with the Chamber of Mines on the draft Charter since it was gazetted in April 2016.
The Chamber unfortunately cancelled a confirmed further engagement with the Minister at the eleventh hour. The meeting was scheduled for last Saturday, 19th November 2016.
Legislative development in South Africa is clearly prescribed in the Constitution and other prescripts. The department has not deviated from these requirements.
Furthermore, Government has a responsibility to consult with all its stakeholders and consider their input – it would therefore not be appropriate for the Government to have an exclusionary negotiation with the Chamber on legislation development.
In October 2016, the department shared the progress made on the Charter with the Chamber, having had a number of engagements with the Chamber on the same subject. This constitutes more engagements with an interested and affected stakeholder, when compared to others.
None of the stakeholders consulted have yet been given a copy of the Charter, as the department is in the process of considering and finalising inputs received.
It is interesting to note comments attributed to the CEO of the Chamber saying the previous Charter was co-developed, and yet the Chamber has taken the department to court on the ownership element of the Charter.
Should the Chamber of Mines seek to ‘fight any aspect of the revised Mining Charter that they deem unacceptable’, it would be their prerogative to do so. However, in light of the fact that the reviewed Charter is a document that seeks to encapsulate all of South Africa’s interests and not just the Chamber's, it would be an unfortunate gesture.
The Minister has always maintained an open door policy of engagement with stakeholders, and looks forward to meeting with the Chamber on this and other matters raised by the Chamber, at its earliest convenience.
