Mining Charter a 'constitutional force' of law

December 8, 2017

The Mining Charter may not be legislation, but it has independent legal force, a court heard.

Speaking at the North Gauteng High Court on Friday, Advocate Tembeka Ngcukaitobi argued that the Charter may not be a statute, but it is a "constitutional force" in terms of Section 9(2) of the Mineral and Petroleum Resources Development Act (MPRDA).

This is the second day of a two-day hearing on a matter where the Chamber of Mines is seeking a declaratory order on a ground of review related to ownership as set out in the Department of Mineral Resources' 2017 Charter. A full bench of judges including Judge Peter Mabuza, Judge Tina Siwendu and Judge Frans Barrie, heard the arguments of both sides.

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