Mining Charter III has probably been more heavily criticised than any other piece of mining legislation.

Mineral Resources Minister Mosebenzi Zwane, who went out on a limb like no other Mineral Resources Minister before him to gazette the third charter iteration without prior consultation, quickly found himself with very few supporters and many resisters.

From communities to labour unions, the ruling party, its allies and opposition parties, Zwane has been sidestepping logical argument against the implementation of Mining Charter III.

But, at last, reality is closing in on him and he has had to make unusual commitments that the majority of politicians would probably be too proud to make.

Steps successfully taken have resulted in the Minister being forced to sign away the implementation of Mining Charter III until it is heard by a full bench of judges on December 13 and 14.

Every time he refers to the revised charter, he is also under legal agreement to inform listeners of the national dissatisfaction with the document.

Until now, he has been referring to its gazetting as the official stamp of its implementation, despite being fully aware that it was not as simple as that.

One gets the impression that expedience is ruling the roost and clinging on to his Ministerial position for as long as he can will be a feature of his destructive period in power.

His globetrotting to attend conferences abroad, but being conspicuous by his absence at some key domestic conferences, has been disquieting.

Records show that South Africa has not been averse to the transformation of the South African mining industry.

Empowerment transactions since 2000 have topped the R205-billion mark and there has been meaningful economic transfer of R159-billion.

This is far better than in any other South African industry.

More than half of the management positions in domestic mining are now occupied by historically disadvantaged South Africans.

Mining companies have been taking meaningful steps to provide better housing, home ownership, social human settlements, affordable, equitable and sustainable health facilities and proper nutrition.

Some 2% of the 5% skills levy has been going to artisan training, bursaries, literacy and numeracy skills for employees and community members.

The biggest shortfall is in policy. Mining depends on policies that make mining viable for the long term.

The reality is mining and government are joined together at the hip and are obliged to work together.
These are difficult times and it is part of the South African DNA to extricate itself from the current impasse.