Sector codes
Mining Charter III (2018)
The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 — Mining Charter III — sets transformation requirements for holders of mining rights.
Key elements
- Ownership — for new mining rights, a minimum 30% black-person shareholding, comprising employees, host communities and black entrepreneurs
- Inclusive procurement, supplier and enterprise development
- Human resource development
- Employment equity
- Mine community development
- Housing and living conditions
The 2021 High Court judgment
In September 2021 the High Court ruled in the Minerals Council of South Africa's review of Mining Charter III. The court recognised the principle that historical empowerment transactions continue to count (“once empowered, always empowered”) and found that the Charter is a policy instrument rather than binding law. Several provisions were set aside.
Obligations under the Mineral and Petroleum Resources Development Act, rights conditions and Social and Labour Plans remain. Right holders still report annually to the Department of Mineral and Petroleum Resources (DMPR).
Sources: Mining Weekly, 22 September 2021; PMG — DMRE briefing on the judgment.
How we help
- Map your obligations under the Charter, your rights conditions and your SLP
- Inclusive procurement analysis and supplier development
- Community and SED programme design
- Annual compliance reporting support
- Alignment of Mining Charter reporting with your B-BBEE scorecard where both apply
This page is a general overview, not legal advice. Codes are amended and tested in court from time to time — check the latest position in our B-BBEE news or ask us.
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