15 July, 2017
A further aspect of the agreement is that the Chamber can set the urgent interdict application down for hearing on 48 hours notice should the DMR or minister breach the understanding. It also asked for the hearing‚ scheduled for July 18‚ to take place at a later date.
It said the court would likely hear the so-called interdict application in September. "This date is subject to allocation by the DJP, which is expected to occur by around the end of July", says Russell.
The Chamber of Mines said the minister had given a written undertaking that the new code would not be implemented until a court ruled on a case against the move brought by the chamber.
"The Chamber's application to have the DMR's latest version of the Mining Charter reviewed in terms of the Promotion of Administrative Justice Act (PAJA) and the Constitution will be lodged as soon as possible after judgment has been handed down in the Chamber's urgent interdict application", it said.
"Chamber and the industry is committed to transformation, and stressed that it was imperative that meaningful and lasting transformation be undertaken in a way that it ensures the sustainability and growth of the industry", Chamber of Mines CEO, Roger Baxter told the media.
The Chamber says this is a satisfactory arrangement for the industry and that their primary objective is still to make sure that the charter does not come into effect.
South African government put on hold the implementation of the controversial Mining Charter on Friday which demands that mining firms increase its black ownership to 30 percent. So we're not arguing with the fact that over time we need to continually improve our transformation performance, the reality is that this particular charter is damaging to investments. The first such act should be to deal decisively with all mining companies that failed to comply with the previous Mining Charter 2014 targets, thus suspending and withdrawing all those affected mining rights.
"We will be consulting our legal unit to explore possibilities of challenging this court (order) "agreement" between the Chamber and DMR, as the transformation in the mining industry, affects all of us, especially employees and communities", the union said.