“Draft Mining Charter under intense legal scrutiny” by Martin Creamer, Mining Weekly Mining Weekly quotes Johannesburg lawyers Lucas Moalusi, Paul Fouche, Sabelo Dlamini and Lameeze Jean-Pierre in an article about a Fasken Martineau-led panel discussion on the retrospective effects of the draft charter and implications for the mining industry.
The lawyers saw three ring-fenced items of ownership, human resource development and housing and living conditions as being considerably more onerous than the priority elements of the DTI codes. They pointed out that while failure to meet a priority element of the DTI codes resulted in a one level penalty, 100% compliance on the three ring-fenced items was mandatory under the draft mining charter, on which interested and affected parties had until May 31 to comment. “If you miss it by a millimetre, you’re non-compliant,” Fouche commented.
