THE declaratory court case brought by the Chamber of Mines against the Department of Mineral Resources around contested clauses in the Mining Charter concerning empowerment, has been postponed.
Judge Pierre Rabie said he would postpone the chamber’s case due to be heard on Tuesday and Wednesday while he considered an application by mining lawyer Hulme Scholes and his firm Malan Scholes, to consolidate the chamber’s application with Scholes’s application to declare the entire charter unconstitutional and void.
Tuesday was spent hearing argument by lawyers representing the chamber and those for Mr Scholes and Malan Scholes, about the consolidation application.
Chris Loxton, representing the chamber, said the two applications were vastly different and should not be consolidated. Leon Bekker, representing Mr Scholes and Malan Scholes, said it would save time for both parties’ applications to be heard in a single court.
Judge Rabie said he had opted to reserve judgment on the consolidation application as well as a decision on costs accruing to either party based on his decision.
Chamber of Mines CEO Roger Baxter said while there was a need to secure clarity around the empowerment clauses governing black ownership of mining companies and whether mining companies had to perpetually maintain ownership of at least 26%, the chamber would have to wait for Judge Rabie’s decision.
Picture: THINKSTOCK
THE declaratory court case brought by the Chamber of Mines against the Department of Mineral Resources around contested clauses in the Mining Charter concerning empowerment, has been postponed.
Judge Pierre Rabie said he would postpone the chamber’s case due to be heard on Tuesday and Wednesday while he considered an application by mining lawyer Hulme Scholes and his firm Malan Scholes, to consolidate the chamber’s application with Scholes’s application to declare the entire charter unconstitutional and void.
Tuesday was spent hearing argument by lawyers representing the chamber and those for Mr Scholes and Malan Scholes, about the consolidation application.
Chris Loxton, representing the chamber, said the two applications were vastly different and should not be consolidated. Leon Bekker, representing Mr Scholes and Malan Scholes, said it would save time for both parties’ applications to be heard in a single court.
Judge Rabie said he had opted to reserve judgment on the consolidation application as well as a decision on costs accruing to either party based on his decision.
Chamber of Mines CEO Roger Baxter said while there was a need to secure clarity around the empowerment clauses governing black ownership of mining companies and whether mining companies had to perpetually maintain ownership of at least 26%, the chamber would have to wait for Judge Rabie’s decision.
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