THE Minerals Council wants to “thrash out” with Government the issues it is not happy with in the proposed amendments to the Minerals Petroleum and Resources Development Bill but the process is going to take “a lot of thrashing”.
That’s the view of Minerals Council president – and Northam Platinum CEO – Paul Dunne who in May warned mines minister Gwede Mantashe of a looming confrontation over the new legislation.
Minerals Council CEO Mzila Mthenjane subsequently played down the situation at a media briefing on August 18 saying that neither the Minerals Council nor the Department of Minerals and Petroleum Resources wanted to end up in court over the proposed amendments.
But industry executives like DRD CEO Niel Pretorius and Dunne indicate the legal option remains very much on the table.
Pretorius commented recently that, “we are giving consultation and engagement a go and we are hoping for a good outcome. If that does not work then the benefit of living in a constitutional democracy is that you have legal recourse.”
Interviewed at the presentation of Northam Platinum’s annual results at the JSE Dunne commented, “we have been here before and you know the outcome. It was a positive outcome for the Minerals Council.”
That’s a reference to the legal action brought by the Minerals Council in 2021 over proposed changes on empowerment in the Mining Charter in which the High Court ruled in favour of the Minerals Council.
Mantashe subsequently described that ruling over the “once empowered, always empowered” principle as a “false victory.”
Dunne said that since first publication of the draft bill the Minerals Council has had engagements with Mantashe, the director general and the Department of Minerals and Petroleum Resources at various levels.
“We have made our tough position clear because, as it stood then, the draft is not supportive of investment and employment.
“We have submitted a detailed 200 page document which is a formal submission. There now follows a formal process of engagement and that’s in progress.
“We still have a lot to say in terms of the detail in that document and we will see how that is received by the Department and the Minister and we will prosecute our case accordingly.
“Our preference is not to go to court. We would rather thrash this out but it is going to take a lot of thrashing and it is too early to determine whether we will be able to thrash it out or whether we will end up in court.”
