The Minister of Mineral Resources and Energy, Mr Gwede Mantashe (MP) welcomes the order handed down by the Gauteng High Court in which the Minerals Council of South Africa (MCSA) is ordered to join parties representing communities, trade unions and BEE entrepreneurs in its judicial review of the 2018 Mining Charter proceedings.
In his answering affidavit to the Council's court application, the Minister argued that the Council failed to join these parties, who clearly identified themselves as having a direct and substantial interest in the outcome of the litigation.
It is gratifying to see the courts assert the importance of involving these parties in matters that have a bearing on their fate. This augurs well for our country's transformation ethos. The transformation of the mining sector, or lack thereof, affect all who are impacted by its activities.
Decisions cannot be taken to the exclusion of workers, mining communities, BEE entrepreneurs. These parties were central to the drafting of the Mining Charter, thus the order affirms their inclusion at all material times.
The Minerals Council SA - which has been ordered to pay the cost of the application - must now join the above parties as identified in the order.