Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment
The dissertation investigates the rationale behind the state custodianship of mineral resources in South Africa, as enshrined in the Mineral and Petroleum Resources Development Act (MPRDA) 28 of 2002. This legislative framework marked a significant shift from private to state control over the countr...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English English |
| Published: |
Department of Private Law
2025
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613310934843392 |
|---|---|
| access_status_str | Open Access |
| author | Mpiko, Xabiso Gift |
| author2 | Mathiba, Gaopalelwe Lesley |
| author_browse | Mathiba, Gaopalelwe Lesley Mpiko, Xabiso Gift |
| author_facet | Mathiba, Gaopalelwe Lesley Mpiko, Xabiso Gift |
| author_sort | Mpiko, Xabiso Gift |
| collection | Thesis |
| description | The dissertation investigates the rationale behind the state custodianship of mineral resources in South Africa, as enshrined in the Mineral and Petroleum Resources Development Act (MPRDA) 28 of 2002. This legislative framework marked a significant shift from private to state control over the country's mineral wealth, aiming to correct historical injustices rooted in colonial and apartheid policies. Central to the MPRDA is the pursuit of equitable access to the mining industry and the advancement of Black Economic Empowerment (BEE), which are considered crucial components of the broader socio-economic transformation agenda. The research provides a theoretical analysis of how the custodianship model functions within the context of South Africa's Constitution, particularly section 25, which mandates the state to use its resources for public interest and social justice. The state's role as custodian is evaluated through its legislative and regulatory actions, focusing on how it facilitates access to mining opportunities for historically disadvantaged groups. Key aspects of the analysis include the interaction between the MPRDA, the Broad-Based Black Economic Empowerment Act (BBBEEA) 53 of 2003, and the Mining Charter of 2018, which aim to promote economic inclusivity in the mining sector. The study critically assesses whether these policies have successfully transformed the ownership structures of mining enterprises and promoted meaningful black participation in the industry. It highlights the various challenges that persist, including bureaucratic inefficiencies, financial barriers, and fronting practices, which undermine the goals of black economic empowerment. Methodologically, the dissertation employs a desktop and doctrinal legal research approach. The desktop method involves collecting information from secondary sources such as textbooks, academic journals, dissertations, government statistics, whitepapers, and newspapers. Meanwhile, the doctrinal legal research method utilises primary legal sources such as case law, legislation, and policy documents. The study identifies both the successes and shortcomings of the state custodianship model, particularly the role of the Minister of Mineral Resources in granting mining rights and ensuring that these rights align with the objectives of equitable access and transformation as espoused in the MPRDA. The dissertation concludes that while progress has been made in transforming the mining industry under state custodianship, significant gaps remain. These include insufficient support for emerging black mining businesses, the limited success of ownership transfers, and the inconsistent application of the Mining Charter due to its nature as policy and not law. The research advocates for more robust regulatory oversight, better financial mechanisms, and more proactive state involvement to ensure that the transformation goals of the MPRDA are fully realised. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42482 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:34:06.076Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/42482 The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment Mpiko, Xabiso Gift Mathiba, Gaopalelwe Lesley Cramer Richard Henry MPRDA black economic empowerment mineral resources mining industry The dissertation investigates the rationale behind the state custodianship of mineral resources in South Africa, as enshrined in the Mineral and Petroleum Resources Development Act (MPRDA) 28 of 2002. This legislative framework marked a significant shift from private to state control over the country's mineral wealth, aiming to correct historical injustices rooted in colonial and apartheid policies. Central to the MPRDA is the pursuit of equitable access to the mining industry and the advancement of Black Economic Empowerment (BEE), which are considered crucial components of the broader socio-economic transformation agenda. The research provides a theoretical analysis of how the custodianship model functions within the context of South Africa's Constitution, particularly section 25, which mandates the state to use its resources for public interest and social justice. The state's role as custodian is evaluated through its legislative and regulatory actions, focusing on how it facilitates access to mining opportunities for historically disadvantaged groups. Key aspects of the analysis include the interaction between the MPRDA, the Broad-Based Black Economic Empowerment Act (BBBEEA) 53 of 2003, and the Mining Charter of 2018, which aim to promote economic inclusivity in the mining sector. The study critically assesses whether these policies have successfully transformed the ownership structures of mining enterprises and promoted meaningful black participation in the industry. It highlights the various challenges that persist, including bureaucratic inefficiencies, financial barriers, and fronting practices, which undermine the goals of black economic empowerment. Methodologically, the dissertation employs a desktop and doctrinal legal research approach. The desktop method involves collecting information from secondary sources such as textbooks, academic journals, dissertations, government statistics, whitepapers, and newspapers. Meanwhile, the doctrinal legal research method utilises primary legal sources such as case law, legislation, and policy documents. The study identifies both the successes and shortcomings of the state custodianship model, particularly the role of the Minister of Mineral Resources in granting mining rights and ensuring that these rights align with the objectives of equitable access and transformation as espoused in the MPRDA. The dissertation concludes that while progress has been made in transforming the mining industry under state custodianship, significant gaps remain. These include insufficient support for emerging black mining businesses, the limited success of ownership transfers, and the inconsistent application of the Mining Charter due to its nature as policy and not law. The research advocates for more robust regulatory oversight, better financial mechanisms, and more proactive state involvement to ensure that the transformation goals of the MPRDA are fully realised. 2025-12-23T08:01:52Z 2025-12-23T08:01:52Z 2025 2025-12-23T08:00:19Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42482 en eng application/pdf Department of Private Law Faculty of Law University of Cape Town |
| spellingShingle | MPRDA black economic empowerment mineral resources mining industry Mpiko, Xabiso Gift The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment |
| thesis_degree_str | Master's |
| title | The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment |
| title_full | The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment |
| title_fullStr | The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment |
| title_full_unstemmed | The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment |
| title_short | The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment |
| title_sort | rationale for state custodianship of mineral resources under the mprda a conceptual analysis of equitable access to the mining industry and black economic empowerment |
| topic | MPRDA black economic empowerment mineral resources mining industry |
| url | http://hdl.handle.net/11427/42482 |
| work_keys_str_mv | AT mpikoxabisogift therationaleforstatecustodianshipofmineralresourcesunderthemprdaaconceptualanalysisofequitableaccesstotheminingindustryandblackeconomicempowerment AT mpikoxabisogift rationaleforstatecustodianshipofmineralresourcesunderthemprdaaconceptualanalysisofequitableaccesstotheminingindustryandblackeconomicempowerment |