Section 53, The Mines and Minerals Act, 2009

(1) The Minister after consultation with the Minerals Advisory Board may suspend or cancel a mineral right if the holder- (a) fails to make any of the payments required by or under this Act on the date due; (b) fails to meet any prescribed minimum annual programme of work or work expenditure requirement; (c) grossly violates health and safety regulations or causes environmental harm; (d) employs or makes use of child labourers; (e) fails to submit reports required by this Act; (f) contravenes any of the provisions of this Act or the conditions of his mineral right or the provisions of any other enactment relating to mines and minerals; (g) dies and his heir or successor in title is not qualified under this Act to hold the mineral right, unless an application is received from the heir or successor within ninety days of the death to transfer the right to a third party who is so qualified and accepts all duties under the right; (h) becomes an un-discharged bankrupt or becomes of unsound mind; (i) makes any statement to the Minister in connection with his mineral right which he knows or ought to have known to be false; (j) fails to substantially comply with the terms of a community development agreement when required by this Act to do so; (k) for any reason becomes ineligible to apply for a mineral right under section 26. (2) The Minister shall, before suspending or cancelling any mineral right give notice to the holder in such a manner as shall be prescribed and shall, in such a notice require the holder to remedy in not less than thirty calendar days any breach of the conditions of his mineral right. (3) If the holder of a mineral right fails to remedy any failure or contravention specified in paragraphs (c), (d) and (k) of subsection (1), the Minister may, by notice to the holder thereof, suspend or cancel the mineral right forthwith. 36 37 Temporary suspension order. Suspension cancellation (4) On cancellation of a mineral right under this section the rights of the holder shall cease but without prejudice to any liabilities or obligation incurred in relation thereto prior to the date of cancellation. (5) The Director shall not later than seven calendar days after cancellation of a mineral right under this section, cause the cancellation to be recorded in the mining cadastre. (6) The powers of the Minister under this section shall, in relation to artisanal mining licences, be exercised by the Director but the Director need not consult the Minerals Advisory Board.