Scholes pressing ahead with High Court challenge to have Mining Charters II & III scrapped

Miningmx reports that mining lawyer, Hulme Scholes, is pushing ahead relentlessly with his legal action to have South Africa’s latest versions of the Mining Charter scrapped and expects it to come before the High Court “early in the second half of this year”. This is despite some apparent progress being made in negotiations between the Minerals Council of SA (formerly the Chamber of Mines) and the South African government on the latest versions of the Mining Charter where more limited legal action is also underway. In March last year the Minerals Council filed an application for the judicial review and setting aside of certain clauses of the 2018 Mining Charter.

Scholes wants the entire 2018 Mining Charter scrapped. Since then Scholes has overcome a point raised by the Department of Mineral Resources and Energy (DMR) to dismiss his case on the grounds that he did not have “locus standi” because he did not sufficient interest in the mining sector to bring the case. Scholes originally challenged the validity of the Mining Charter in its entirety, but he amended the action last year to have only Charters 2 and 3 set aside. Asked why he was pushing ahead with the action despite an apparent lack of full support from the Minerals Council Scholes replied: “The Minerals Council needs to stand up firmly to government instead of blowing hot and cold as they have done up until now.

by Brendan Ryan


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