Certain parts of the Mining Charter must also be removed because they are unconstitutional.
after the judgment that it welcomes the judgment released on Tuesday that the Mining Charter is a policy document, that the continuing consequences of previous black economic empowerment deals should be recognised and that the specific challenged provisions in the document should be removed.
In addition, the judgment sets aside the provisions regarding procurement of goods and services, especially the capital goods target and supplier and enterprise development. The council argued tha these provisions contained unachievable targets for mining companies and makes it difficult to comply with the charter.
The trade unions opposed the relief sought by the council, while the communities did not oppose it, but sought additional relief on the basis that there was inadequate consultation with them regarding the charter and that it fails to substantially address environmental degradation and gender-based injustice caused by mining, as well as the poverty and inequality of mining-affected communities.
She declared that section 100 does not empower the minister to make law and that the charter is therefore not binding subordinate legislation, but rather an instrument of policy and that certain clauses of the charter are reviewed and set aside in terms of PAJA.These aspects of the charter have also been found to be unconstitutional:
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