The South African government can amend its legislation if a court ruling proves the 'once-empowered, always-empowered' principle is supported in the charter.
Mining firms have no option but to lock their black partners into BEE structures which in turn limits the scope for real empowerment.
Johannesburg has a rich legacy in gold mining, but mining firms today will fail that legacy if they fail to give back to communities.
The potential knock-on effects of seeking legal clarity on aspects of the mining charter could result in protracted delays, rejoinders and sector uncertainty.
Industrial companies innovate constantly and assume lower prices will prevail in future. Mining companies used to operate like that. Now they have to again.
Regulatory certainty is one thing in mining, but it's survival can be helped by expeditious and innovative restructuring - and that requires cooperation.
Changes to water licence legislation is a step in the right direction, but to make them a success, the South African government must improve its implementation.
It may sound bloody-minded, but now is the time to back mining whilst tomorrow's supply deficit is being written today, says MSA Group MD, Keith Scott.
It is time for South Africans to face three tough truths if the country is to make the best of its mineral endowement, writes Anglo American CEO, Mark Cutifani.
Despite talk of stimulus measures, it would appear that China will not provide the trampoline effect for which the mining sector was hoping in 2015.