The Mining Titles Amendment Bill, which has received the unanimous nod of South Africa’s National Assembly, sets up a central office for the registration of mining titles.
The Mineral and Petroleum Titles Registration Office will be established in terms of the law which will register mineral and petroleum titles.
But there is a key concern about the succession rights after the death of individuals holding mining rights — small mining operations carried out in the names of individuals.
While Minerals Minister Phumzile Mlambo-Ngcuka’s spokesperson Kanyo Gqulu
confirmed that these rights reverted to the state upon the death on an individual there was a two year period in which stakeholders — such as an heir of the miner’s estate — would have the opportunity to apply for those rights.
Official opposition minerals spokesperson Brian Bell, however, differs on this point. He points out that the original act — the Mineral and Petroleum Resources Development Act of 2002 — required that those applying for these rights will receive preference if they apply first and secondly preference would be given to previously disadvantaged people.
The Democratic Alliance, however, opted not to oppose the legislation as the issue of individual rights — and their succession — was more pertinent in the original Act. Also this issue would be pertinent only to “one man operations” as Bell calls them and not to companies.
This Bill — which will go to the National Council of Provinces for concurrence — merely refers to procedure in applying to registration of individual title. It states under a heading “registration of rights in name of holder” that every deed executed or attested by the Director General (of Minerals and Energy) or attested by a notary public and required to be registered in the Mineral and Petroleum Titles Registration Office and made by or on behalf of or in favour of any person shall state the full name and identity number or registration number of the holder.
It also says that the Director General shall register the right in the name of the holder of such right only and that sections nine and eleven of the main Act applied to the transfer or of the right referred to (the individual right) in a joint estate or to an heir by virtue of testate or intestate succession.
Section nine and eleven were the two sections to which Bell referred.
Deputy Minerals Minister Susan Shabangu told Bell that she did not support one-person operations. She argued that the Bill represented a milestone in the transformation of mining and minerals in South Africa.
It would allow for the conversion of old order to new order rights in terms of the principal Act. – I-Net Bridge