JUSTICE: INPUT SOUGHT ON DRAFT TRUST and MINING LAWS BILLS

The Department of Justice & Constitutional Development has gazetted a notice calling for input by 11 September 2026 on a draft Regulation of Trusts Bill and a draft General (Mining) Laws Amendment Bill.

Approved by Cabinet on 29 July 2026 for the required public consultation process, according to a media statement on the meeting concerned the draft Regulation of Trusts Bill seeks to:

  • ‘modernise the legal framework for trusts’
  • ‘strengthen accountability and compliance’
  • ‘enhance the oversight role of the Master of the High Court’, and
  • ‘provide greater protection for beneficiaries’.

Once finalised, passed by Parliament, enacted in force it will replace the 1988 Trust Property Control Act.

Approved at the same Cabinet meeting, the General (Mining) Laws Amendment Bill seeks to ‘strengthen the legislative framework’ in order to combat illicit mining and related activities’ by amending:

  • the 1977 Criminal Procedure Act
  • the 1986 Diamonds Act
  • the 2002 Mineral & Petroleum Resources Development Act, and
  • the 2005 Precious Metals Act.

The amendments envisaged ‘include measures to criminalise illicit mining and related offences’.

  • draft Regulation of Trusts Bill
  • draft General (Mining) Laws Amendment Bill
  • Government Gazette notice (also referring to a draft Legal Practice Amendment Bill featured in a separate report)
  • Cabinet media statement

Published by SA Legal Academy Policy Watch

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