Update: Minerals and Petroleum Resources Amendment Bill (Bill 15D of 2013)

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The National Council of Province’s Select Committee on Land and Minerals plan for the year 2017 was to finalise the Minerals and Petroleum Resources Development Amendment Bill (B15D of 2013).

The Bill was sent back to the National Assembly by the President in 2015 for reconsideration as there were substantial and procedural flaws with it. Still, the amended Bill does not explicitly require the consent of those whose informal rights are affected by surface leases and therefore undermines the Interim Protection of Informal Land Rights Act of 1996 and section 25(6) of the Constitution which promises tenure security to those whose current tenure is legally insecure because of past racial discrimination.

The last meeting held to discuss the Bill was on the 14th of November 2017 when Provincial Mandates were considered, and all provinces except for Western Cape read out their mandates which supported the Bill, subject to substantial amendments being made. This caused a delay and as things stand, the Committee deferred the Bill for the first Quarter of 2018 for finalization.

 

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