Title: Reviewed Broad Based Black-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016
Government Gazette Notice: GN 581 in GG 40923 of 15 June 2017
Commencing Date: 15 June 2017

To ensure the attainment of the Government’s objectives of redressing historical, social and economic inequalities as stated in the Constitution of the Republic of South Africa, 1996, the Minister had to develop within six months from the date on which the Minerals and Petroleum Resources Development Act 28 of 2002 (MPRDA) took effect a broad-based socio-economic empowerment (BBBEE) Charter to set the framework for targets and time table for effecting the entry into and active participation of historically disadvantaged South Africans into the mining industry, and allow such South Africans to benefit from the exploitation of the mining and mineral resources and the beneficiation of such mineral resources (section 100 of the MPRDA). The original Mining Charter was published in 2004 and amended in 2010. The existing Mining Charter has now been reviewed and repeals the previous Mining Charters.

The Mining Charter of 2017 introduces new definitions, terms and targets to effect harmonization with the provisions of the Broad-Based Black Economic Empowerment Act 53 of 2003 and the Codes of Good Practice (Dti Codes), the Employment Equity Act 55 of 1998 and other relevant regulatory framework. The harmonisation of these policies is intended to ensure meaningful participation of Black Persons in accordance with the objects of the MPRDA and the Mining Charter and provide for policy and regulatory certainty sought to invest in the development of the industry. The Mining Charter of 2017 also provides for sustainable development. Mining right holders must implement elements of sustainable development commitments included in the “Stakeholders’ Declaration on Strategy for the sustainable growth and meaningful transformation of South Africa’s Mining Industry” of 30th June 2010 that includes the implementation of environmental health and safety management systems, the provision of health and safety training and surveillance monitoring.

In terms of the transitional arrangements existing mining right holders have twelve (12) months to comply with the revised targets of the Mining Charter of 2017 (until 14 June 2018). The transitional arrangements period for the procurement element targets is three years.