JOHANNESBURG, September 14 – The National Union of Mineworkers (NUM) on Thursday said it “notes” the undertaking by Mineral Resources Minister Mosebenzi Zwane to the Chamber of Mines not to implement or apply the provisions of recently gazetted mining charter until the judgement of the review application set down.
The review will be heard between 13 and 14 December 2017.
NUM said it has already filled its application to be admitted as a respondent or a friend of the court, due to the substantial interest it has on the outcomes and potential negative impact on its members, who it said are beneficiaries of various elements of the charter.
“One of these critical areas of concern is a long drawn out legal process, which will see many mining companies suspending or not implementing various provisions like skills development, employee share ownership and home ownership options for employees, even though the 2010-2014 Mining Charter 2 is still applicable and enforceable,” said Luthando Brukwe, the NUM head of transformation.
“As a friend of the court, we will also be assisting the full bench of presiding officers with the beneficiary’s view on the current impasse, while strongly praying on the importance of a mining sector transformational instrument that will redress the imbalances of the past.
“As such, the union finds comfort in the strict timelines set out for the three parties (minister, COM and NUM) to file and respond to the review application, with the last heads of arguments being filed by the minister and NUM on the 5th December 2017.”
Brukwe said the timelines pave the way for the speedy resolution of the matter.
“In the meantime, we are calling on all parties to consider the possibility of finding an amicable solution before the specified court date, in which we will focus on creating a sustainable mining industry inclusive of employees and communities … an industry with equitable distribution of profits improved health and safety record, enhanced skills development for all employees, including contractors, improved living conditions for employees and last little or no retrenchments.”