A mineral regulatory regime proposition to support the sustainable exploitation of South Africa's mineral resources

Abstract

Regardless of the strategic role that mining plays in South Africa‟s economic growth and development, there are perceptions that mining benefits are still enjoyed by a few elite individuals. This is partly due to high expectations from lower level workers in the sector and communities where mining takes place. Failures in the implementation of some of the policies that are social in nature are making people question the wisdom of the current mining legislation, the Mineral and Petroleum Resources Development Act (MPRDA). The main question of this research paper is whether the MPRDA, in its current form, is a suitable mining legislative framework that can usher a better dispensation for all or whether there is a need to overhaul it in order to deliver the desired end results that are expected by the majority of South Africans. It is against this background that this research was undertaken, by studying best practice in other mining jurisdictions and conducting a survey of those involved in the South African mining sector. From the research and surveys, recommendations are proposed on what amendments could be effected on the MPRDA to make the South African mining sector more attractive and simultaneously, meet the citizens‟ expectations.