Referral of the Mineral and Petroleum Resources Development Amendment Bill to the National Assembly
26 January 2015
President Jacob Zuma sent back the Mining and Petroleum Resources Development Amendment Bill to the National Assembly for reconsideration last week as he is of the view that as it stands right now, it does not pass constitutional muster.
The President sent it back in terms of section 79(1) of the Constitution, on the following basis:
a. The definition of "This Act" is likely unconstitutional in that the amended definition elevates 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.
In addition, in terms of Section 74 of the Amended Act, the Minister is given the power to amend or repeal these instruments as and when the need arises effectively by-passing the constitutionally mandated procedures for the amendment of legislation;