Legal  services

The primary purpose of the Chamber’s legal team is to provide and/or co-ordinate legal advice necessary to act on behalf of our members in promoting, opposing or influencing legislative and other measures affecting members’ interests. The focus is on constructive policies that are consistent with the national interest.

Critical team members

  • Sue Fritz: Deputy Head, Legal

Context

South Africa’s legislative and regulatory landscape has changed dramatically since 2004, and nowhere has this impact been greater than in the mining industry. Not only is the industry required to act in compliance with the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) and the accompanying Mining Charter, but there is a multitude of other existing, new and emerging legislation with which the industry is bound to comply, or where the regulations that follow legislation are not entirely clear or even in place. Further, the MPRDA is currently under revision, and the Mining Charter’s allocated period for the achievement of its transformation targets came to an end in 2014. Engagement on the shape and form of the ‘new’ charter are likely to begin in 2016. See the section on transformation

Key activities

The Chamber’s team is involved in the preparation and making of submissions, both written and oral, on behalf of its members. In some cases legal content takes up the major part of the submission, in others it is a necessary but not predominant part. This simply recognises that in order for our lobbying and advocacy activities to be successful, they cannot be confined within the circle of a single discipline. Both politically and intellectually, our lobbying and advocacy is necessarily polycentric. This is especially true of the topics focused on in the MIGDETT process.

Some of the legal team’s key activities include:

  • Policy and legislative impact analysis and formulation of mining industry responses in the areas of mineral policy, land rights, taxation, health and safety, product theft, social security, retirement reform and compensation for occupational diseases
  • Co-coordinating submission of members' collective views on matters of concern to them on the laws governing prospecting, mining rights, taxation, employee benefits, retirement fund and corporate law
  • Lobbying of and advocacy to DMR, Parliament, SARS, National Treasury and other government departments
  • Representing the Chamber and its members on statutory and other structures, including Mining Regulation Advisory Committee (MRAC), Business Unity South Africa (BUSA), National Economic Development and Labour Council (Nedlac) and the Occupational Diseases in Mines & Works Act (ODMWA) Advisory board
  • Representing the Chamber and its members at the Security Industry Alliance, the National Precious Metals Forum and the National Explosives Security Forum