Chairperson, I'm not disappointed by the hon Schmidt. There's nothing that he supports although he attends meetings all the time and agrees with us in those meetings; but he must report to his party and then his party tells him not to support anything that is going to build this country. So I was expecting that from Mr Schmidt.
Let me bow my head and join all those members of this House, particularly the SACP, in expressing our condolences to the family of Brian Bunting, a true comrade. We also express our condolences to the family of the veteran, Mama Dorothy Mfacu from Gugulethu, who will be buried on 28 June. May their souls rest in peace.
The ANC has been very consistent in its approach to serving the interests of the people, in particular the poor majority. The thrust of this Bill, the Mineral and Petroleum Resources Amendment Development Bill, the MPRDA, is to make sure that the mineral resources of our country are shared among the people of South Africa. All must be able to benefit from them; not only the rich but also the poor. As the Freedom Charter says: "The people shall share in the wealth of the country." This will be done through beneficiation.
Our history is not a history of marginalisation and exclusion of others. It is a history of empowerment of the previously disadvantaged communities and all humanity. We believe in the principle of equal opportunity. We are still committed to and steadfast in the quest to attain the ideals as contained in the Freedom Charter. The promulgation of the Mineral and Petroleum Resources Development Amendment Bill strengthens our resolve to advance the transformation agenda smoothly and efficiently, as we believe that the objective of the National Democratic Revolution will not be fulfilled without the promulgation of progressive policies and legislation.
Indeed, it has been a long road for us to adopt the Mineral and Petroleum Resources Development Amendment Bill [B 10D-2007], as we understand the mandate given to us by the Constitution of South Africa to pass laws that are credible for the benefit of the people of South Africa. I must say that enough thought and scrutiny was given to this Bill, as the process started in 2007 when the Department of Minerals and Energy presented to us the proposed amendment of the Mineral and Petroleum Resources Development Act of 2002.
The B 10D-2007 version of the Bill, that is the initial version of the Bill, was adopted by us on 20 June 2007. The Bill did not proceed further than the NCOP, as it was referred back to us. The Portfolio Committee on Minerals and Energy, with the Department of Environmental Affairs and Tourism, was afforded an opportunity to make submissions on B 10D pertaining to the regulation of the environmental management system. As I have already indicated, the journey was not easy. The people of South Africa are waiting for us to make a momentous decision on what the Bill seeks to achieve at the end of the day.
Despite the fact that the initial Bill that was presented to us was in favour of promoting sound environmental management, the two departments, the Department of Minerals and Energy and the Department of Environmental Affairs and Tourism, were afforded an opportunity to reach an amicable solution pertaining to sound environmental management principles. As a result of such an extensive consultation process between these two departments, a clear separation of powers between the Minister of Environmental Affairs and Tourism and that of the Minister of Minerals and Energy was commendable.
The Bill seeks to harmonise the environmental impact assessment requirements with national norms and standards set out in the National Environmental Management Act of 1998. Since B 10D-2007 was adopted by us, and as it also allowed for consultation between the two departments, as the Portfolio Committee on Minerals and Energy, we could have decided to instruct the state law advisors to revise the Bill accordingly. However, we had to afford the people of South Africa, including the stakeholders, an opportunity to make their submissions on the Bill even if time was not on our side.
There are no fundamental changes introduced in B 10-2007D. It is actually clear that the Bill sought to achieve the improvement of the technical nature of the MPRDA, in order to promote efficient and effective administration of the country's mineral resources. In addition, the objects of the initial Bill are still maintained in the latter version of the Bill, as it seeks to enhance the promotion of the participation of the historically disadvantaged people, including the community in the mining industry, whilst, at the same time, preventing the occurrence of fronting, share manipulation and exploitation of BEE.
The Bill empowers the Minister, where the application relates to the land occupied by the community, to impose conditions as are necessary to promote the rights and interests of the community, including the conditions requiring the participation of the community. That did not go down well with most of the stakeholders in their presentations to us. The response of the Department of Minerals and Energy pertaining to this indicated that the Minister, when imposing conditions that require community participation, will take into account the existing arrangements not to exceed the requirements regarding empowerment, social and economic welfare, the Mining Charter and the social labour plans required.
Also, such participation by the community will be on a commercial basis in our sober judgement. We are agitated by the fact that the regulators of the MPRDA are still having a problem with holders of old order rights that suspend the administration process, by submitting the necessary information within a reasonable time for the Minister to make the decision. [Time expired.] The ANC supports the Bill. [Applause.]