COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025

The CER argues that the Draft Mineral Resources Development Bill 2025 fails to adequately protect mine-affected communities and the environment. Key concerns include the conflict of interest inherent in the 'One Environmental System' (OES), where the Department of Mineral and Petroleum Resources manages both mining promotion and environmental authorisations. The CER criticizes the Bill's narrowing of the definition of 'community' and 'interested and affected persons,' which it claims limits public participation. It further highlights gaps in mine closure and rehabilitation, particularly regarding abandoned mines, and calls for the legal incorporation of the Mining Charter to ensure binding transformation and gender parity targets. The CER proposes introducing the principle of Free, Prior and Informed Consent (FPIC) and improving access to information through mandatory public disclosure of mining authorisations.

• The 'One Environmental System' (OES) creates an inherent conflict of mandate because the department responsible for promoting economic development through mineral development also manages environmental authorisations under NEMA.
• The proposed definition of 'community' is viewed as a regression because it limits communities to municipal demarcations and emphasizes communal land ownership, potentially excluding many affected persons.
• The inclusion of the term 'direct interest' in the definition of 'interested and affected persons' may restrict public participation by excluding those who experience indirect effects from mining.
• The Bill's proposed timeframes for environmental authorisations and public consultations are considered unreasonably short, risking the reduction of consultation to a 'tick-box exercise'.
• There is a significant failure in mine closure and rehabilitation, with over 6,100 abandoned mines in South Africa and a lack of effective government liability determination.
• The Bill's approach to transformation is criticized for making Mining Charter elements discretionary under the Minister's power rather than legally binding, which undermines gender and youth upliftment.
• The CER proposes that the MPRDA be amended to require Free, Prior and Informed Consent (FPIC) for the deprivation of communal and informal land rights, aligning with international law and the IPILRA.
• The Bill introduces a new penalty system based on annual turnover (up to 10%), which the CER supports as a deterrent but argues should be overseen by an independent tribunal to ensure fairness.
• The CER supports the empowerment of the South African Police Service (SAPS) to monitor compliance but emphasizes that this requires specialized training and a dedicated environmental crime department.

APA

Centre for Environmental Rights (2025). COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025. https://cer.org.za/wp-content/uploads/2025/08/13-August-2025-CER-comments-to-the-draft-Mineral-Resources-Bill-2025.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025. 2025. https://cer.org.za/wp-content/uploads/2025/08/13-August-2025-CER-comments-to-the-draft-Mineral-Resources-Bill-2025.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025 |date=13 August 2025 |url=https://cer.org.za/wp-content/uploads/2025/08/13-August-2025-CER-comments-to-the-draft-Mineral-Resources-Bill-2025.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2025comments, author = {{Centre for Environmental Rights}}, title = {{COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025}}, institution = {Centre for Environmental Rights}, year = {2025}, month = aug, url = {https://cer.org.za/wp-content/uploads/2025/08/13-August-2025-CER-comments-to-the-draft-Mineral-Resources-Bill-2025.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }