zuma-letter-to-the-na-re-mprda-bill-7437021b7e16bd1b.pdf

A letter from President Jacob Zuma to the Speaker of the National Assembly dated 16 January 2015, referring the Mineral and Petroleum Resources Development Amendment Bill back to the National Assembly for reconsideration due to concerns regarding its constitutionality and legal compliance.

• President Jacob Zuma referred the Mineral and Petroleum Resources Development Amendment Bill back to the National Assembly because he believes the Bill "does not pass constitutional muster."
• The President identified a constitutional issue with the definition of "This Act," arguing that it elevates industry codes and charters—specifically the Codes of Good Practice for the South African Minerals Industry, the Housing and Living Condition Standards for the Minerals Industry, and the Amended Broad-Based Socio-Economic Empowerment Charter for South African Mining and Minerals Industry—to the status of national legislation, allowing the Minister to amend them while "passing the constitutionally mandated procedures for the amendment of legislation."
• Sections 26(2B) and 26(3) of the Bill are viewed as inconsistent with South Africa's international obligations under the Trade, Development and Cooperation Agreement (TDCA) and the General Agreement on Trade and Tariffs (GATT), as they seem to "impose quantitative restrictions on exports" and could leave the state open to challenges in international forums.
• The President stated that the NCOP and Provincial Legislature failed to provide sufficient public participation, noting that the "consultation period was highly compressed" and there was "insufficient notice of the public hearings."
• The Bill was not referred to the National House of Traditional Leaders despite impacting customary law by amending the definition of "community" and allowing land entry for investigations after notification and consultation, which the President argues "ignores the consent principle in customary law."

APA

Centre for Environmental Rights (n.d.). zuma-letter-to-the-na-re-mprda-bill-7437021b7e16bd1b.pdf. https://cer.org.za/wp-content/uploads/2010/08/Zuma-letter-to-the-NA-re-MPRDA-Bill.pdf?x21779

Chicago

Centre for Environmental Rights. zuma-letter-to-the-na-re-mprda-bill-7437021b7e16bd1b.pdf. n.d. https://cer.org.za/wp-content/uploads/2010/08/Zuma-letter-to-the-NA-re-MPRDA-Bill.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=zuma-letter-to-the-na-re-mprda-bill-7437021b7e16bd1b.pdf |url=https://cer.org.za/wp-content/uploads/2010/08/Zuma-letter-to-the-NA-re-MPRDA-Bill.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndzumalettertothenaremprdabill7437021b7e16bd1bpdf, author = {{Centre for Environmental Rights}}, title = {{zuma-letter-to-the-na-re-mprda-bill-7437021b7e16bd1b.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2010/08/Zuma-letter-to-the-NA-re-MPRDA-Bill.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }