[miningmx.com] — A MINING law expert has disputed whether the department of mineral resources (DMR) has the right to accept online mineral rights applications only, saying the law also provides for manual and postal submissions.
Pointing to a Government Gazette notice published on April 18 2011, Peter Leon of WebberWentzel said it allowed for applications to be delivered by hand, registered post or electronically.
“As far as I am aware, this notice has not been amended,’ Leon said. “Unless it is, there is nothing to stop applicants making manual applications. Clearly if the DMR is serious about a mandatory online application system, it needs to fix the Samrad (electronic system) software and amend the ministerial notice to make such applications mandatory.
“Furthermore, as long as the notice remains in force, any regional office refusing to accept manual applications would be acting ultra vires.’
DMR spokesperson Bheki Khumalo confirmed on Thursday the department was only accepting online applications. When pointed to the notice, he undertook to respond further on Friday.
With the launch of Samrad (South African Mineral Resources Administration) in April, Mines Minister Susan Shabangu said it would make the application process tamper-proof and offer consistency.
This followed a torrid era in South African mining in which the award of new order mining licences and prospecting permits had been questioned, with the manual system open to abuse by both applicants and departmental officials.
