South Africa's New BEE Regulation: Mining Rights Renewal Requires 26% Black Ownership

April 14, 2026:

South Africa's Department of Mineral and Petroleum Resources recently clarified that the Black Economic Empowerment (BEE) rules in the mining sector will undergo their fifth adjustment since 2002. The core new regulations focus on mining rights empowerment requirements and the repeal of the Mining Charter, among other matters. The related Mineral Resources Development Amendment (MRDA) Bill is expected to be submitted to Parliament for deliberation in July.

According to Ntokhozo Nzimande, Deputy Director-General of the department, the new draft Mineral Resources Development Amendment will further clarify the core BEE rules: existing mining rights will be subject to the "once empowered, always empowered" principle for their lifetime, meaning that once an enterprise has completed black equity empowerment, it will not need to repeat the process during the validity period of the mining right. However, when an enterprise applies for the renewal or extension of a mining right, it must ensure that the black shareholding ratio is no less than 26%, and if necessary, must undertake a new BEE transaction.

Previously, BEE matters in South Africa's mining sector had been regulated under the Mining Charter, and courts had ruled that mining rights extensions did not require renewed equity empowerment. The core reason for this regulatory adjustment is to safeguard the long-term sustainability of BEE policy — Nzimande stated that the department understands that the financial models of mining enterprises are mostly designed on a 20-year cycle and cannot accommodate frequent re-empowerment mid-project. However, after mining rights are extended, projects undergo refinancing and the original financial constraints no longer apply, thus necessitating the re-clarification of shareholding requirements.

The new regulations also clarify that, as courts previously ruled that the Mining Charter constitutes only policy rather than law, the Charter is expected to be repealed, and its relevant BEE empowerment provisions will be incorporated directly into the text of the Mineral Resources Development Amendment Bill to ensure the legal enforceability of the policy.

The bill had previously drawn strong opposition from the Minerals Council South Africa. The initial draft required enterprises applying for exploration rights to fully complete BEE empowerment and mandated that any equity changes by mining rights holders be approved by the Minister. Both controversial clauses were removed following the issuance of a corrigendum notice.

Minister of Mineral and Petroleum Resources Gwede Mantashe had criticized the mining industry for wanting "complete laissez-faire" and refusing to accept regulation. Nzimande stated that the industry remains dissatisfied with the BEE-related provisions in the bill, and the department hopes to conduct further consultations before the bill is submitted to Parliament.

It was reported that the bill's original submission to Parliament had been delayed due to recommendations from the Office of the State Law Adviser to amend certain provisions. After the amendments are completed and re-reviewed, the bill is expected to be formally submitted to Parliament for deliberation in July.