Vision
The vision of the Mineral & Mining Development Board (MMDB) is to see coherent and collaborative stakeholder participation in the governance of a competitive and sustainable, minerals and petroleum industry.
Mission
To provide appropriate and timeous advice to the Minister that supports achieving the national objectives.
STATUTORY MANDATE OF THE BOARD
In terms of Section 58 of the Mineral and Petroleum Resources Development Act, 2002, (Act 28 of 2002) the mandate of the Board is outlined as follows;
The Board-
(a) Must advise the Minister on:
(i) Any matter which must be/would have been referred to the Board by or under the Act:
(ii) The sustainable development of the nation's mineral resources;
(iii) The transformation and downscaling of the minerals and the mining industry;
(iv) Dispute resolution;
(b) In consultation with the Mining Qualifications Authority, ensure the promotion of human resources development in the minerals and mining industry.
(c) may:
(i) Report to the Minister on any matter relating to the application of the Mineral and Petroleum Resources Development Act, Act 28 of 2002:
(ii) enquire into and report to the Minister on any matter concerning the objects of the Mineral and Petroleum Resources Development Act, Act 28 of 2002.
(2) Must give priority to matters referred to it by the Minister.
MEETINGS OF THE BOARD
1. Regular meetings of the Board shall be held quarterly (four times a year)
for one working day.
2. Special Board meetings shall be held at the request of the Minister and/or
Chairperson or at the written request of any three members of the Board to transact the business of the Board.
ACHIEVEMENTS
The MMDB developed the MMDB Charter which included the MMDB Constitution, MMDB Strategic Plan and the MMDB Compact.
The Charter is a high level summary of what the Board should do and how its mandate should be executed
The MMDB Constitution outlines the legal roles and responsibilities of the Board.
The MMDB Compact will be the agreement between the Minister and the MMDB which defines the relationship between these two entities.
The MMDB Business Plan outlines the implementation of the mandate of the Board in relation to the directive received from the Minister.
COMPOSITION OF THE BOARD
The composition of the Board in terms of Section 59 of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 0f 2002) is as follows;
The Board consist of no fewer than 14 and no more than 18 members; and must reflect the gender and racial composition in the Republic,
The Minister must appoint as members of the Board
(a) Chairperson
(b) Chief Inspector
(c) Three persons representing any relevant state department
(d) Three persons representing organized business
(e) Three persons representing organized labour
(f) At least one person representing non-governmental organization
(g) Two persons representing relevant community-based organizations
(h) At least two persons with appropriate experience
COMMITTEES OF THE BOARD
In terms of Section 64 of the MPRDA the committee can/must/may establish sub-committees as follows;
(1) The Board must establish a Regional Mining Development and Environmental Committee (RMDEC) for each region as contemplated in section 7 of the MPRDA.
(2) The Board may establish such other permanent or ad hoc committees as it deems necessary to assist it in the performance of its functions, and any such committee may include members who are not members of the Board.
(3) A committee established under subsection (2) may, subject to the approval of the Board, establish ad hoc working groups to assist it in the performance of its functions, and any such working group may include persons who are not members of such committee or the Board.
(4) If a committee or working group consists of more than one member, the Board must designate a member of such committee or working group as chairperson thereof.
(5) A committee or working group of the Board
The Board established the following committees to assist the Board with the execution of its mandate;
6.1 REGIONAL MINING DEVELOPMENT AND ENVIRONMENTAL COMMITTEE (RMDEC).
The RMDECs have been established in terms of Section 64(1) of the Minerals and Petroleum Resources Development Act, 2002 (Act 28 of 2002) (MPRDA) in all the regions. The Committee consists of not more than 14 members who have been drawn from the relevant Government Departments or organs of State from National, Provincial and Local level. The functions of the Committee include but are not limited to:
The promotion of co-operative governance as contemplated in terms of section 41 of the Constitution, 1996 (Act No 108 of 1996);
Handle objections received regarding any application in terms of the MPRDA;
To advise the Minister, the Regional Manager, the Designated Agency and the Board
with regard to any matter referred to it in terms of this Act;
Deal with conflict regarding compensation between the holder of the right and the landowner and make recommendations to the Regional Manager.
In terms of the MPRDA, the RMDEC only has three functions
1. Advising the Minister through the chairman of the Board on objections received to the granting of a prospecting right, mining right or mining permit (section 10 of the Act):
"10(2) If a person objects to the granting of a prospecting right, mining right or mining permit, the Regional Manager must refer the objection to the Regional Mining Development and Environmental Committee to consider the objections and to advise the Minister thereon."
2. Considering objections regarding the environmental management programmes or environmental management plans submitted by applicants for mining rights, reconnaissance permissions, prospecting rights or mining permits and making recommendations thereon to the Minister (section 39 of the Act):
"39(4)(b) The Minister may not approve the environmental management programme or the environmental management plan unless he or she has considered–
Any recommendation by the Regional Mining Development and Environmental Committee; ….."
3. Advising the Regional Manager in cases where the holder of a reconnaissance permission, prospecting right, mining right or mining permit is prevented by the owner or occupier of land to conduct operations (section 54 of the Act):
"54(5) If the Regional Manager, having considered the issues raised by the holder under subsection (1) and any representations by the owner or occupier of land and any written recommendation by the Regional Mining Development and Environmental Committee, concludes that any further negotiation may detrimentally affect the objects of this Act referred to in section 2(c), (d), (f) or (g), the Regional Manager may recommend to the Minister that such land be expropriated in terms of section 55.
Composition of the Board.
The current Board members are as follows:
| Nr |
NAME & SURNAME |
RACE |
GENDER |
REPRESENTING |
| 1 |
Khumalo B. Mr |
African |
Male |
Chairperson |
| 2 |
Msiza D. Mr |
African |
Male |
Chief Inspector of Mines |
| 3 |
Matosa P. Mr |
African |
Male |
Organised Labour |
| 4 |
Tantsi E. Mr |
African |
Male |
Organised Labour |
| 5 |
Sambatha M. Mr |
African |
Male |
Organised Labour |
| 6 |
Sibiya B. Mr |
African |
Male |
Organised Business |
| 7 |
Sangqu A. Mr |
African |
Male |
Organised Business |
| 8 |
Lesufi W. Mr |
African |
Male |
Organised Business |
| 9 |
Mazwai N. Ms |
African |
Female |
Non-Governmental Organisation |
| 10 |
Dube S. Mr |
African |
Male |
Non-Governmental Organisation |
| 11 |
Sebotsa S. Ms |
African |
Female |
Expert |
| 12 |
Makathini L. Adv |
African |
Female |
Expert |
| 13 |
Bredell J. Dr |
White |
Male |
Expert |
| 14 |
Hermanus M. Prof |
Coloured |
Female |
Expert |
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