Abstract
The Mineral and Petroleum Resources Development Act, Act 28 of 2002 is the legislation that regulates the minerals industry of South Africa. In terms of this Act, the mineral resources of the country belong to all of the citizens and the state is the custodian. The Republic of South Africa, as a member state of the African Union, is in agreement to the continent’s policy document with regards to minerals, the African Mining Vision. This study evaluates evolution of the mineral law of South Africa from the colonial age until the promulgation of the 2002 legislation. In addition, it also reviews if the African mining vision policies are incorporated into the legislation. The methodology used in this work is of a qualitative nature, reviewing the history of the legislation. This work is presented in an attempt to benefit other prospective students and professionals in the minerals industry who are not legal experts by providing a simplified academic guide to mineral law history of South Africa and how the pillars of the African Mining Vision is integrated into the legislation. The findings of this research are presented in comparative tabular form culminating in a graphical timeline of the development of South African mineral law. The accomplishments of the African Mining Vision Action Plan, as expected at national level by the African Union are also corresponded with the South African legislation that would be applicable to address them. Based on the analysis the study concludes that historical statutes have had an impact in how the objectives of the MPRDA have been set. It is further indicated that current legislation is sufficient in its capability to integrate the AMV Action plan.
M.Tech. (Extraction Metallurgy)