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Policy-not-law charter judgment going long way towards providing certainty – NSDV

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The court judgement that the mining charter is policy and not law goes a long way towards providing regulatory certainty, says NSDV mining law senior associate Muhammed Khan ­– but it is not the end of the road, he cautions in a 1 500-word analysis entitled The Great Mining Charter Debate. Khan highlights how the submission that the 2018 Mining Charter is binding subordinate legislation has had the carpet pulled from under it by the full bench of the High Court of South Africa, Gauteng Division. Hoisted high instead was the finding that it is an instrument of policy.

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