The High Court in Pretoria on Monday issued an order compelling the government and the Chamber of Mines to involve communities affected by mining activities in new discussions over the Mining Charter.
The court also agreed to postpone the matter in light of the agreement reached between the chamber and President Cyril Ramaphosa that the court case should be put aside to allow room for consultations.
On Sunday, the presidency and the chamber issued statements detailing that they had agreed to postpone the court case.
The court dismissed a submission by advocate Arnold Subel on behalf of Mineral Resources Minister Mosebenzi Zwane that argued that a court order compelling consultation would imply that the minister did not in the past recognise communities as relevant stakeholders, and such an assertion was not true.
The communities had pushed ahead with the court action seeking the charter to be set aside and reviewed, notwithstanding the agreement between the chamber and Ramaphosa.
The applicants’ legal representatives and Mineral Resources’ attorneys were on Monday locked in talks in the judge’s chambers in a bid to reach an agreement.
The affected communities argued that their exclusion from the deal between the government and the chamber demonstrated how they were always sidelined by both parties in relation to the effect of mining in their communities.
Community members who were picketing outside the court ululated and cheered as the news about their interim success was announced.
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