THE REVERSE OF A CURSE

The African National Congress (ANC) appears to have let up on its previous firm demand that the Mining Charter be enforced by an Act of Parliament. The approach was viewed by the mining industry as conferring legislative powers on the executive in violating the rule of law. This set the private sector on a collision course with government. But now the ANC’s apparent reversal is seen by Herbert Smith Freehills Africa partner and co-chairperson Peter Leon as averting the imposition of “drastic and impractical demands” that mining companies would have struggled to meet. The about turn is seen by Leon as potentially heralding a return of certainty to the South African mining industry, and a return of the investment that has been badly lacking in the face of legislative prevarication.