What's changed in mining law: the draft Mineral Resources Development Bill, the cadastre and the Mining Charter

Three things moved in South African mining regulation over the past two years, all slower than industry wanted. A draft Mineral Resources Development Bill was published for comment in May 2025 but is not yet law. The mining cadastre meant to replace SAMRAD is still being rolled out province by province, with the department's own target now 31 March 2027. And the 2018 Mining Charter's binding provisions were set aside by the courts back in 2021, a position that still governs how operators should treat the Charter today.

Reviewed by TefCo Compliance Research — last verified 15 September 2026.

In short

The draft Mineral Resources Development Bill, 2025 was published for public comment on 20 May 2025, with comments due by 13 August 2025 — it has not been enacted as at September 2026.
The Bill proposes new provisions on small-scale and artisanal mining, associated minerals and beneficiation of minerals or mineral products, among other amendments to the MPRDA.
The new mining cadastre, intended to replace SAMRAD, is being rolled out province by province; the Western Cape went live first, with national rollout now targeted for 31 March 2027.
The 2018 Mining Charter's prescriptive re-empowerment, procurement and enforcement provisions were declared not binding law by the Gauteng High Court in September 2021 — a position that has not changed since.

The draft Mineral Resources Development Bill, 2025

On 20 May 2025 the Minister of Mineral and Petroleum Resources published the draft Mineral Resources Development Bill, 2025 for public comment under Government Notice 6210, with written representations due by 13 August 2025. The draft amends the Mineral and Petroleum Resources Development Act 28 of 2002, including new and amended definitions, provisions on small-scale and artisanal mining, regulation of associated minerals, and enhanced provisions on beneficiation of minerals or mineral products.

As at September 2026, the Bill remains in draft form following the 2025 comment period — it has not been passed by Parliament or brought into force. Operators should keep working from the current MPRDA and flag the draft as a future compliance planning item rather than a present obligation.

The cadastre: real progress, repeatedly delayed dates

The department demonstrated a working version of the new cadastre to media in June 2026, after the Western Cape had fully migrated from SAMRAD onto the new system. The department's director-general has set 31 March 2027 — the end of the department's financial year — as the target for full national rollout across all provinces, following Free State, KwaZulu-Natal and the Eastern Cape.

Industry commentary, including from the Minerals Council South Africa, has noted the project has missed several previously announced dates, and has asked to see the system operating to specification before treating any date as final.

Until a province is confirmed live on the new cadastre, applications and renewals in that province are still processed on SAMRAD — check directly with DMPR which system applies to your operation's province before submitting.

The Mining Charter's legal status since 2021

In Minerals Council of South Africa v Minister of Mineral Resources and Energy and Others [2021] ZAGPPHC 623, a full bench of the Gauteng High Court, Pretoria ruled that section 100 of the MPRDA does not empower the Minister to make binding law by way of a Mining Charter, and that the 2018 Mining Charter is policy rather than binding subordinate legislation. The court set aside a number of the Charter's prescriptive clauses, including re-empowerment obligations on renewal or transfer of rights, procurement, supplier and enterprise development targets, and some penalty and enforcement clauses.

That judgment has not been overturned and remains the operative legal position: the Mining Charter continues to express government's transformation policy and guides the Minister's discretion, but it is not enforceable in the same way as a statute or regulation. Binding transformation obligations still flow from conditions actually attached to a specific right or from the MPRDA itself.

Frequently asked

Is the Mineral Resources Development Bill in force?

No. It was published in draft for public comment in May 2025 with an August 2025 comment deadline, and had not been enacted as at September 2026.

Can I still apply for a mining right on SAMRAD?

Depends on your province. As the cadastre rolls out province by province, some provinces will move onto the new system before others — confirm the current status with DMPR before applying.

Does the Mining Charter still matter if it isn't binding law?

Yes, in practice. It still shapes the Minister's discretion when granting, renewing or transferring rights, and DMPR and industry both continue to reference it, even though its more prescriptive clauses cannot be enforced as if they were statute.

Sources

TefCo Corporate Compliance (Pty) Ltd is a compliance management platform, not a legal, tax or advisory firm. This guide is general information, not advice. Fees, dates and thresholds change — confirm current figures with the regulator before you rely on them.