Mining industry granted temporary exemption from compliance with BBBEE Act and the dti codes
The Department of Mineral Resources will be exempted from applying the provisions of section 10 (1) of the Broad Based Black Economic Empowerment Act, 2003 to the upstream petroleum and mining industries administered in terms of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA). This is a short-term measure, and will be for a period of 12 months, pending the finalisation of alignment between the MPRDA and the BBBEE Act and the DTI Codes, as well as a review of the Mining Charter.
A gazette in this regard has been published today, 30 October 2015, and is available through the Government Gazette.
Under normal circumstances, the BBBEE Act has a trumping effect in respect of any other law that is contradictory to the provisions of this Act. Section 3 (2) provides that in the event of any conflict between this Act and any other law in force immediately prior to the date of commencement of the Act, this Act prevails if the conflict specifically relates to a matter dealt with in this Act.
“The exemption is intended to avoid creating uncertainty for the mining and upstream petroleum industries as to the application of the BBBEE Act, the DTI Codes, the MPRDA and the Mining Charter,” Mineral Resources Minister Mr Mosebenzi Zwane said.
Technical teams from both departments are working on the alignment between the two Acts, and an update will be provided in due course.
For further enquiries, contact:
Mr Martin Madlala
Cell: 082 587 1990
