Minister Zwane's mining charter deemed 'unlawful, unconstitutional'

The legal challenges against South Africa's Mines Minister Mosebenzi Zwane are intensifying as the Chamber of Mines has taken the Minister to court to challenge his decision to freeze the renewal of new mining licenses and halt the issuance of new ones until September. The Chamber of Mines argues that Zwane's temporary ban is unlawful and detrimental to the mining industry. Patrick Leyden, Director at Herbert Smith Freehills Africa, sheds light on the situation, highlighting the potential negative impact on investment and economic activity within the mining sector. The Chamber of Mines has raised concerns about Zwane acting outside his powers, leading to a legal battle to overturn the decision. Zwane's move has sparked controversy and raised questions about the Minister's intent and the rationale behind his decision. The Minister has cited national interest as the driving force behind the freeze on mining licenses, but critics question the reasoning behind the move. The lack of clarity from Zwane's office has only added to the confusion and uncertainty within the mining industry. The Chamber of Mines has emphasized the importance of adherence to the rule of law and the need for administrative decisions to be reasonable and rational. The legal battle between the Chamber of Mines and Minister Zwane is ongoing, with implications for the future of mining activities in South Africa. The Chamber's case is based on principles of legality and the promotion of justice, asserting that the Minister's actions must be in line with constitutional provisions and promote justice within the sector. The mining sector plays a vital role in South Africa's economy, and any disruptions or legal uncertainties could have far-reaching consequences for the industry and the country as a whole. As the legal saga unfolds, stakeholders in the mining industry await the outcome of the court proceedings and the potential ramifications for future mining operations in the country.