Transforming South Africa’s Mining Industry: Draft Mineral Resources Development Bill Open for Public Comment
South Africa’s mining sector is poised for significant regulatory reform with the publication of the Draft Mineral Resources Development Bill, designed to strengthen transformation, improve regulation, and expand participation in the country’s mineral and petroleum resources.
Published in Government Gazette 52704 on 20 May 2025, the Draft Mineral Resources Development Bill is currently open for public comment until 13 August 2025. It reflects the Department of Mineral and Petroleum Resources’ intention to align the industry with constitutional values, ensure inclusive economic growth, and enhance legal governance of mineral exploitation.
A Modernised Legislative Framework for Mining
In a recent address during the Impala SLP Project Handover in Rustenburg, Deputy Minister Phumzile Mgcina highlighted that the Draft Mineral Resources Development Bill reaffirms government’s commitment to meaningfully transform the mining industry and create greater opportunities for historically disadvantaged individuals, including women and the youth.
Key Amendments and New Provisions in the Draft Bill
The draft bill seeks to amend the Mineral and Petroleum Resources Development Act of 2002 to:
- Amend and insert new definitions.
- Provide clear regulation for small-scale and artisanal mining.
- Strengthen provisions for beneficiation of minerals and mineral products.
- Introduce comprehensive rules around associated minerals.
- Enhance consultation mechanisms and alignment with domestic legislation.
- Implement stricter sanctions and broaden governance mechanisms.
New Sections Proposed
Significant structural additions include:
- Section 5B–5C: Prohibitions on assisting illegal mining and transporting unlicensed minerals.
- Sections 7A, 9A: Designation of areas for artisanal mining and invitation for applications.
- Sections 10A–10G: Establishment and functions of Regional Mining Development and Environmental Committees.
- Section 27A: Artisanal mining permit application processes.
- Section 42A: Management of historic residue stockpiles and deposits.
- Sections 56A–56G: Formation of the Ministerial Advisory Council, including roles, remuneration, and subcommittees.
- Section 91A: Defining the powers of the South African Police Service in enforcement matters.
Technical Corrections Issued
The draft bill has also undergone corrections, including:
- A new subsection (1) to section 11 of the principal act.
- The deletion of paragraph (f) from subsection (1) of section 17.
These adjustments are part of the department’s effort to ensure clarity, accuracy, and legislative consistency.
Promoting Equitable Access and Development
Deputy Minister Mgcina emphasized that the new legislative framework is about more than legal updates—it represents a paradigm shift towards equitable access to mineral resources, inclusive economic growth, and the socio-economic upliftment of mining communities and labour-sending areas.
“Despite the heightened debates about the Bill in society, we are convinced that once finalised and enacted into law, this will not only give effect to the principle of the state’s custodianship of the nation’s mineral and petroleum resources but also promote equitable access to these resources for all the people of South Africa,” she said.
Public Participation Now Open
With the deadline for comments set for 13 August 2025, stakeholders in the mining industry, legal fraternity, civil society, and the public are encouraged to engage meaningfully with the draft bill and submit input to shape the future of South Africa’s mineral policy landscape.
Track Legislative Changes with Sabinet
Stay updated on all developments relating to the Draft Mineral Resources Development Bill, public comment deadlines, and sector-specific legislation with Sabinet’s Legal Information Services. From Gazetted information to full-text legal content, Sabinet offers the tools you need to remain informed and compliant.