DMRE abandons fight over Mining Charter, concedes it had tools to drive transformation all along

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After deciding not to appeal a High Court judgment against the Mining Charter, the Department of Mineral Resources now intends to drive transformation in the sector by enforcing the terms of existing mining rights while it works to amend the Mineral and Petroleum Resources Development Act (MPRDA).

Presenting to the parliamentary portfolio committee on mineral resources and energy on Tuesday, the department’s head of legal services said an appeal against the recent High Court judgment, which effectively set aside key aspects of the Charter, has low prospects of success.

This is the first time the department has publicly said it would not appeal after a September ruling by the Pretoria High Court declared that the Mining Charter is a policy instrument and not binding legislation and that the Minister was not empowered to make law.

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