Guide · Section 11

    Section 11 consent: transferring a mining or prospecting right

    Section 11 of the MPRDA says a mining or prospecting right, or a controlling interest in a company that holds one, cannot be transferred or ceded without the Minister's prior written consent. Without it the deal is not legally effective.

    When you need it

    • Selling or ceding the right itself.
    • Selling a controlling interest in the holding company.
    • Encumbering a right as security (registration required).
    • Group restructures that change control.

    Listed companies

    A change of controlling interest in a listed company only needs to be notified to the Minister, not approved in advance.

    What the Minister checks

    That the buyer can meet the work programme, the social and labour plan and the ownership requirements. Build the consent into your sale agreement as a suspensive condition.

    Common questions

    How long does Section 11 consent take?

    Often six months or more, so it should be planned early in any deal.

    What happens if we close without consent?

    The transfer is not legally effective and the right may be at risk.

    Do minority share sales need consent?

    Not if control does not change, but check the company's structure carefully.

    Buying or selling a mining asset?

    We handle the consent application at a fixed fee agreed upfront.

    Related guides

    Last updated September 2026. This guide is general information on South African regulatory procedure and is not legal advice on your specific matter. Dynamic Legal Services (Pty) Ltd is a private legal advisory firm and is not a government department or regulator.