Exodus of ‘Mineral Rights’ from South African Mineral Law

Abstract

Transformation of the mineral law system as part of the new political dispensation in South Africa has long been foreseen. Subsequent to a Green and White Paper, as policy documents, the Department of Minerals and Energy published a Mineral Development Draft Bill 2000 for public comment. This eventually culminated in the acceptance by Parliament of the Minerals and Petroleum Resources Development Act 28 of 2002, which came into operation on 1 May 2004. The Act will transform the mineral law system and the mining industry in general. In this article the phasing-out by the Act of the historical notion of ‘mineral right’ is examined. it is argued that the Act will lead to an exodus of the notion of mineral rights and will replace it with less secure prospecting rights and mining rights which, albeit real in nature, will depend on compliance with provisions of the Act and the exercise of discretion by the Minister.