South African High Court Rules That B-BBEE Mining Deals Do Not Need To Be Topped Up
by Otsile Matlou, Lloyd Christie and Ntsiki Adonisi-Kgame
Published: April, 2018
Submission: April, 2018
Earlier this year, a full bench of the High Court of South Africa made a ground breaking ruling on the recognition of the continuing consequences of previous broad-based black economic empowerment (“B-BBEE”) ownership transactions in the mining industry. The judgment will be significant for the negotiations currently underway between the mining industry and the Department of Mineral Resources (“DMR”) under the leadership of newly appointed Minister of Mineral Resources Gwede Mantashe regarding the third iteration of the Mining Charter. The key findings of the majority judgment include:
The court said that while it did not make any pronouncements on the validity of the 2010 Mining Charter, this should not be taken as a confirmation that the 2010 Mining Charter was validly issued in terms of section 100(2) of the MPRDA or that “it is the charter contemplated in section 100” of the MPRDA.
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