An Analysis of the Mineral and Petroleum Resources Development Act 28 of 2002, and the Nationalisation of Minerals Debate in South Africa

Abstract

This article is an analysis of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) with special reference to the nationalisation debate that was controversially tabled by the recently suspended African National Congress Youth League president Julius Malema. The thrust of the analysis is premised on institutionalist legislative theory which focuses on social development through legal means. The MPRDA was designed as a legal strategy to bring about social change that comprises development. The Malema debate on nationalisation therefore raises questions as to why the MPRDA has not worked, and whether law can be used to bring about economic growth in the mining sector. This article also attempts to assess this recently amended Act, including the challenges and prospects of ensuring effective legal implementation for South Africa’s future.

AFRICA INSIGHT Vol 42 (1) – June 2012