Home South African News Mineral resources dept to appeal ‘once empowered, always empowered’ ruling

Mineral resources dept to appeal ‘once empowered, always empowered’ ruling

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The department says the ruling has serious implications for transformation in the industry.

The Department of Mineral Resources will appeal the 'once empowered, always empowered' ruling. File Image. Picture: Tiro Ramatlhatse

JOHANNESBURG (ANA) – The Department of Mineral Resources said on Tuesday it was appealing a high court ruling against the “once empowered, always empowered” aspect of South Africa’s mining charter, saying it had serious implications for transformation in the industry.

“After careful consideration, the Department has approached the Supreme Court of Appeal (SCA) to appeal the judgment handed down by the High Court of South Africa, Gauteng Division, Pretoria, in respect of the application for declaratory orders in relation to the original Mining Charter, 2004 and the revised Mining Charter, 2010,” the DMR said.

“The department is concerned by the implications of the majority judgment on the attainment of the objective to sustainably transform South Africa’s mining industry by bringing in new entrants and empowering workers and communities in mining towns.”

Earlier this month, the North Gauteng High Court ruled that empowerment deals did not need to be topped up once a company had reached the 26 percent black ownership level and companies could not be penalised for falling below this level.


– African News Agency (ANA)