DMR compliance audit and the “once empowered, always empowered” rule

The DMR is currently embarking on a process whereby mining companies are being audited to determine compliance by those companies and the broader mining industry, with the transformation targets set by the Mining Charter. The Mining Charter requires that 26% of the mining industry be owned by historically disadvantaged South Africans by 1 May 2014. It is anticipated that the audit and the results of the audit, will be completed by December this year. Read more →

The Validity of Legislation Without Regulation

Everyone in the mining industry is awaiting the proclamation in a Government Gazette of the date on which the Mineral and Petroleum Resources Development Bill, 2013 (“Amendment Bill”),which has been approved by both the National Assembly and the National Council of Provinces, will come into operation. The industry has been informed that the Amendment Bill is merely awaiting the signature of the President. The rationale for the introduction of the Amendment Bill was to clarify certain legislative uncertainty in the mining industry, however, there is great speculation as to whether the current form of the Amendment Bill achieves this. Read more →