President Jacob Zuma
Photo by: Duane Daws
JOHANNESBURG (miningweekly.com) – President Jacob Zuma referred the Mineral and Petroleum Resources Development Act (MPRDA) Amendment Bill back to the National Assembly on Friday.
The President was of the view that the Bill, which was passed by Parliament last year and referred to Zuma for assent and signing into law, would not pass constitutional muster.
Mineral Resources Minister Ngoako Ramatlhodi predicted the referral in October, stating that the potential for refer back had been heightened by the contention that oil and gas legislation should be separated out of the MPRDA legislative framework and accommodated within its own legislative framework.
The Minister said at the time that he had been personally convinced by the oil and gas sector that oil and gas should have its own legal framework.
The Constitution required that the President assent to and sign a Bill referred to him by the National Assembly. However, in terms of Section 79(1) of the Constitution, 1996, if the President had reservations about the constitutionality of the Bill, he may refer it back to National Assembly for reconsideration.
The decision was taken after careful consideration of the Bill and the submissions received.