President Ramaphosa transfers legislation previously administered by the Minister of Resources and Energy

27 August 2024

President Cyril Ramaphosa has transferred legislation previously administered by the Minister of Mineral Resources and Energy to the Minister of Mineral and Petroleum Resources and the Minister of Electricity and Energy respectively.

This follows the announcement of Cabinet on 30 June 2024, in which the Electricity and Energy portfolios were merged, and a separate ministry of Mineral and Petroleum Resources established.

In terms of section 97 of the Constitution of the Republic of South Africa, 1996, President Ramaphosa has transferred the administration, powers and functions previously entrusted by legislation to the Minister of Mineral Resources and Energy as follows:

Legislation transferred to the Minister of Electricity and Energy:

•⁠  ⁠Abolition of the National Energy Council Act, 1991 (Act No. 95 of 1991)
•⁠  ⁠Nuclear Energy Act, 1993 (Act No. 131 of 1993)
•⁠  ⁠Nuclear Energy Act, 1999 (Act No. 46 of 1999)
•⁠  ⁠National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)
•⁠  ⁠Gas Act, 2001 (Act No. 48 of 2001)
•⁠  ⁠Gas Regulator Levies Act, 2002 (Act No. 75 of 2002)
•⁠  ⁠National Energy Regulator Act, 2004 (Act No. 40 of 2004)
•⁠  ⁠Electricity Regulation Act, 2006 (Act No. 4 of 2006)
•⁠  ⁠National Energy Act, 2008 (Act No. 34 of 2008)
•⁠  ⁠National Radioactive Waste Disposal Institute Act, 2008 (Act No. 53 of 2008)

Legislation transferred to the Minister of Mineral and Petroleum Resources:

•⁠  ⁠Central Energy Fund Act, 1977 (Act No. 38 of 1977)
•⁠  ⁠Petroleum Products Act, 1977 (Act No. 120 of 1977)
•⁠  ⁠Petroleum Pipelines Act, 2003 (Act No. 60 of 2003)
•⁠  ⁠Petroleum Pipelines Levies Act, 2004 (Act No. 28 of 2004)
•⁠  ⁠Mines and Works Act, 1956 (Act No. 27 of 1956)
•⁠  ⁠Mining Titles Registration Act, 1967 (Act No. 16 of 1967)
•⁠  ⁠Diamonds Act, 1986 (Act No. 56 of 1986)
•⁠  ⁠Mineral Technology Act, 1989 (Act No. 30 of 1989)
•⁠  ⁠Geoscience Act, 1993 (Act No. 100 of 1993)
•⁠  ⁠Mine Health and Safety Act, 1996 (Act No. 29 of 1996)
•⁠  ⁠Abolition of Lebowa Mineral Trust Act, 2000 (Act No. 67 of 2000)
•⁠  ⁠Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)
•⁠  ⁠Precious Metals Act, 2005 (Act No. 37 of 2005)

The Department of Mineral Resources and Energy (DMRE) will continue to exist until the legislation and relevant human and financial resources are transferred. The DMRE will then be replaced by two departments: the Department of Mineral and Petroleum Resources and the Department of Electricity and Energy.

As an interim arrangement, the Minister of Mineral and Petroleum Resources has been assigned responsibility for DMRE. A Memorandum of Agreement will be entered into to ensure that DMRE provides the necessary support to the Minister of Electricity and Energy for the remainder of the 2024/2025 financial year and until a new Department of Electricity and Energy is established and resourced.

Issued by The Presidency, 28 August 2024