A properly functioning mining cadastre system is integral for junior miners, especially in their pursuit of new mineral discoveries and early-stage project development, highlights law firm NSDV Law director Lili Nupen.

She says that the mining cadastre system should adopt a targeted land approach as this would show which land is open for permit applications, which areas are currently under license and when rights are set to expire if not renewed.

For junior developers and miners, this would help to strategically target underexplored or overlooked areas, which is a key part of their exploration model, explains Nupen.

Such transparency and functionality provided by an adequate cadastral portal would show investors that South Africa has an organised, efficient and effective system for mining governance, thereby empowering junior mining companies with more information and data. They can also use this as part of their due diligence reports to attract funding from private equity, venture capital or public markets.

Additionally, a cadastre system which allows for the efficient processing of applications would enable juniors to move through the exploration lifecycle without costly delays, significant upfront financial costs and extended timelines.

In dysfunctional cadastre systems, she says mining-related and exploration rights often overlap or are duplicated through the double-granting of rights, resulting in legal battles such as objections and appeals, community mistrust and project delays, all of which juniors are poorly equipped, financially and legally, to manage.

“A functional cadastre system provides clear, up-to-date, geospatially accurate records that reduce the likelihood of such conflicts and provides more security of rights to right’s holders, in that there is less of a chance of being subject only to the Department of Mineral and Petroleum Resources’ [DMPR’s] discretion when dealing with competing rights,” Nupen explains.

Regular audits of the system should be conducted to ensure clean and validated historical mineral rights records to avoid overlapping rights and legal disputes.

A functional cadastre system can also integrate geographic information system (GIS) layers showing conservation areas, water sources, community land and other environmental features, also allowing for a pre-screening of the property.

To ensure the short-, medium- and long-term success of South Africa’s mining cadastre system, Nupen says it is essential to approach such a system’s design and implementation holistically, while balancing technological integrity, governance and stakeholder trust.

In the medium term, Nupen says that investments should be made in upskilling cadastre staff in GIS, minerals law and digital systems management to ensure the smooth running of the cadastre system as well as the integrity surrounding the uploading of existing data onto the new system.

In this regard, she highlights that there should be a department within the DMPR, or an independent service provider, that adequately manages the cadastre system, with several operational metrics being monitored including turnaround times, resolution of disputes and data update frequency.