In South African Law it is not possible for anyone other than the owner of the relevant land to own the uncovered minerals in the earth.

However, it is possible to hold rights to such minerals.

Once a separate certificate or cession of mineral rights are held under separate title, either by the land owner or by someone other than the land owner.

Prospecting and Mining

Mineral exploitation involves two steps, prospecting is first undertaken, whereby the prospector searches for minerals and thereafter he acquires the mineral rights or the right to mine.

Classes of Minerals

The main classes of minerals in South African Law are base metals, precious metals, precious stones and natural oil.

Only the holder of the rights to base minerals on unproclaimed private land not held under any mining title any prospect and mine without obtaining any authority from the state, whereas the holder of the rights to the other classes of minerals may not mine without obtaining some other further form of right such as a mining lease from the state.

Drawing of Contracts

Contracts relating to the acquisition of prospecting and mineral rights are required to be drawn up by the notary public practicing in the province where the relevant land is situated and has to be registered in terms of the Deeds Registries Act 47 of 1937