Legislative transformation of South African mining since 1994: what progress?

The Mineral and Petroleum Development Act 28 of 2002 (MPRDA) that regulates the mining industry in South Africa requires undertakings to transfer 26% of ownership of existing mines to ‘Historically Disadvantaged South Africans’ (HDSAs) by 2014 before issuing ‘new‐order’ mining licences. It is clear that this target has yet to be met, although some may have benefitted. The MPRDA, its related Charter and Scorecard and the Mineral and Petroleum Resources Royalty Act 28 of 2008 are set in context. The government appears to have transferred the responsibility to provide the Constitution’s ‘right of access’ to housing, healthcare, food and water, to the mining industry who have to implement expensive labour and socio‐economic plans in addition to the loss of equity and the onerous tax burden.