What this course is about
The Mining Charter is one of the most quoted and least understood documents in South African mining. This course explains where the Charter came from, what the 2018 Charter covers, what the High Court decided in 2021, and what that means for communities, workers and companies today. It presents each stakeholder's perspective fairly and takes no side.
Who it is for
Community members, ward committee members, traditional council representatives, local business owners, mineworkers and union representatives, municipal officials and company staff who hear the Charter mentioned in meetings and want to know what it actually says and what it can and cannot require.
What you will be able to do
- Explain why the Mining Charter exists and how it has changed since the first charter.
- Name the seven elements of the 2018 Mining Charter.
- Explain what the High Court decided on 21 September 2021 and which provisions it set aside.
- Distinguish what still binds a mining company today from what is policy, and ask well-founded questions about empowerment commitments.
Preview: the first two minutes
Module 1 · Introduction · 2 min

Animated scene (fictional). At a packed community meeting in Pula, a young entrepreneur stands up: "The Charter says the mine must give us 30%!" An older council member replies: "That was set aside by the court." A mineworker asks: "So what does the Charter say now?" Nobody in the hall is sure. The narrator asks: by the end of this course, could you answer him?
Modules

Module 1 · 18 min
What the Mining Charter is and why it exists
Explain why the Mining Charter exists and how it has changed since the first charter.

Module 2 · 18 min
What the 2018 Charter covers
Name the seven elements of the 2018 Mining Charter.

Module 3 · 18 min
The 2021 High Court judgment: policy, not law
Explain what the High Court decided on 21 September 2021 and which provisions it set aside.

Module 4 · 18 min
What it means for communities today
Distinguish what still binds a mining company today from what is policy, and ask well-founded questions about empowerment commitments.
Go deeper
- Read the Webber Wentzel summary of the 2021 judgment.
- Take Mining School course 5, Social and Labour Plans, to see how SLP commitments are monitored.
- Take Mining School course 2, Understanding the MPRDA, for the law the Charter sits under.
Sources
- https://ibanet.org/empowerment-south-africa-mining
- https://www.sanews.gov.za/south-africa/mining-charter-finally-gazetted
- https://webberwentzel.com/News/Pages/2018-mining-charter-is-policy-not-law.aspx
- https://www.fasken.com/en/knowledge/2021/11/26-update-mining-charter-2018-judgment
- https://www.mining.com/web/south-africa-wont-appeal-court-ruling-on-black-mining-ownership/
- https://www.miningmx.com/news/markets/47685-mining-communities-risk-being-sidelined-as-govt-prepares-to-fight-ruling-on-mining-charter/
- https://law.uct.ac.za/merlia/articles/2026-01-27-written-submissions-draft-mineral-resources-development-bill-2025-gn-6210-government-gazette-no