| Summary: Government wants ownership of mineral
rights to revert to the state, the practice in most other countries. The main reason is to
give better access to black companies. Previous versions of the bill were strongly
interventionist. The latest draft of the bill is less so, but there are still areas of
uncertainty. Positive
developments: There is, generally less onus of proof on the existing
owners than before in respect of several issues. The bill also makes explicit mention of
the need for the minister to adhere to the requirements of the Promotion of Administrative
Justice Act. The discretionary powers of the minister are also significantly curtailed in
other respects.
Remaining concerns: The new bill still
requires existing holders of rights to submit a "social plan", which may entail
limits on retrenchments, if they are to keep their mineral rights. |
