The Minister of Mineral and Petroleum Resources ("Minister") has published the long-awaited draft Mineral Resources Development Bill, 2025 ("2025 Bill"), inviting public comment by 13 August 2025. The draft Bill, published on 20 May 2025, follows the 2018 withdrawal of the contentious Mineral and Petroleum Resources Development Amendment Bill, 2013.
The 2025 Bill, which aims to establish a more effective regulatory system for South Africa's mineral sector, proposes significant changes to the Mineral and Petroleum Resources Development Act, 2002, including:
- Ministerial consent is required for all transactions involving unlisted companies and all capital market transactions that result in a change of control;
- provision for any public entities as defined in the Public Finance Management Act, 1999, to take security on mining titles without ministerial consent;
- the regulation of historic residue stockpiles;
- the Minister may invite applications for mining titles in designated areas;
- the codification of the Mawetse judgment in relation to the effective date of mining titles;
- the establishment of a Ministerial Advisory Council; and
- the introduction of artisanal and small-scale mining permits.
There are a number of welcome proposals in the 2025 Bill and a number of significant issues that must be ironed out before the 2025 Bill is passed by Parliament.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
