Legislation previously administered by the Minister of Mineral Resources and Energy has now been transferred to the Minister of Mineral and Petroleum Resources and the Minister of Electricity and Energy.
This as President Cyril Ramaphosa announced the new Cabinet of the seventh administration in June. In announcing the new Cabinet, the President also announced some changes to government departments that involved the merger of the Ministries of Electricity and Energy as well as the announcement of a separate Ministry of Mineral and Petroleum Resources.
However, the split has not yet happened, and until such time that it has, the Department of Mineral Resources and Energy will continue to exist, with Gwede Mantashe still in charge.
In the meantime, however, responsibilities and legislation has been split.
“In terms of section 97 of the Constitution of the Republic of South Africa, 1996, President Ramaphosa has transferred the administration, powers and functions previously entrusted by legislation to the Minister of Mineral Resources and Energy,” the Presidency said in a statement on Tuesday.
The legislation has been transferred as follows:
Legislation transferred to the Minister of Electricity and Energy (Kgosientso Ramokgopa) :
- Abolition of the National Energy Council Act, 1991 (Act No. 95 of 1991)
- Nuclear Energy Act, 1993 (Act No. 131 of 1993)
- Nuclear Energy Act, 1999 (Act No. 46 of 1999)
- National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)
- Gas Act, 2001 (Act No. 48 of 2001)
- Gas Regulator Levies Act, 2002 (Act No. 75 of 2002)
- National Energy Regulator Act, 2004 (Act No. 40 of 2004)
- Electricity Regulation Act, 2006 (Act No. 4 of 2006)
- National Energy Act, 2008 (Act No. 34 of 2008)
- National Radioactive Waste Disposal Institute Act, 2008 (Act No. 53 of 2008)
Legislation transferred to the Minister of Mineral and Petroleum Resources (Gwede Mantashe):
- Central Energy Fund Act, 1977 (Act No. 38 of 1977)
- Petroleum Products Act, 1977 (Act No. 120 of 1977)
- Petroleum Pipelines Act, 2003 (Act No. 60 of 2003)
- Petroleum Pipelines Levies Act, 2004 (Act No. 28 of 2004)
- Mines and Works Act, 1956 (Act No. 27 of 1956)
- Mining Titles Registration Act, 1967 (Act No. 16 of 1967)
- Diamonds Act, 1986 (Act No. 56 of 1986)
- Mineral Technology Act, 1989 (Act No. 30 of 1989)
- Geoscience Act, 1993 (Act No. 100 of 1993)
- Mine Health and Safety Act, 1996 (Act No. 29 of 1996)
- Abolition of Lebowa Mineral Trust Act, 2000 (Act No. 67 of 2000)
- Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)
- Precious Metals Act, 2005 (Act No. 37 of 2005)
“The Department of Mineral Resources and Energy [DMRE] will continue to exist until the legislation and relevant human and financial resources are transferred,” the presidency said.
The DMRE will then be replaced by two departments: the Department of Mineral and Petroleum Resources and the Department of Electricity and Energy.
“As an interim arrangement, the Minister of Mineral and Petroleum Resources (Gwede Mantashe) has been assigned responsibility for [the] DMRE.
“A Memorandum of Agreement will be entered into to ensure that DMRE provides the necessary support to the Minister of Electricity and Energy for the remainder of the 2024/2025 financial year and until a new Department of Electricity and Energy is established and resourced,” it said.
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