The chamber opposed the consolidation of the action by law firm, Malan Scholes, on the grounds that it does not seek determination of substantially the same questions of law or fact.
While the Scholes application argues that the Mining Charter is unconstitutional and invalid, the chamber’s application merely seeks clarity on certain aspects of the document.
In June last year, the chamber approached the High Court to seek clarity on the assessment of the ownership element of the charter, particularly in respect of the continuous consequences of previous black economic empowerment (BEE) deals.
“The industry has been, and continues to be, committed to the achievement of all the transformation objectives of the Mining Charter currently in place, but does however seek clarity on the interpretation of one critical issue related to the continuing consequences of empowerment transactions,” the chamber said in a statement.
