The Minerals Council South Africa (MCSA) says Mineral Resources Minister Gwede Mantashe’s announcement in Parliament on Wednesday that the Mineral and Petroleum Resources Development Act (MPRDA) Amendment Bill should be scrapped, appears to be sensible, given the underlying reasons for the current delays in finalising the Bill.
However, a number of constitutional concerns remain unresolved, both substantive and procedural, says the council.
Constitutional challenges, which were threatened by a range of interested parties, would have meant continuing uncertainty for the industry as these wound their way through the courts.
In the absence of resolving those concerns, withdrawal of the Bill seems to be a more appropriate option.
MCSA hopes that, should Mantashe choose to introduce a new MPRDA Amendment Bill at some stage, it will take proper account of the areas of consensus reached during the exhaustive discussions previously held.