4. Appointment of Mining Commissioner, and designation of other officers. 

1. The Minister shall, subject to the laws governing the public service, appoint a person to be known as the Mining Commissioner who shall exercise or perform, subject to the direction and control of the Minister, the powers, duties and functions conferred or imposed upon the Commissioner by or under the provisions of this Act and such other functions as may be imposed upon the Commissioner by the Minister.
2. The Commissioner shall he assisted by such other officers as may be designated by the Permanent Secretary for such purpose.
3. The powers conferred and the duties and functions imposed upon the Commissioner by or under the provisions of this Act may be exercised or performed by the Commissioner personally or, except in so far as the Commissioner otherwise determines, by any officer referred to in subsection (2) engaged in carrying out such provisions under the direction and control of the Commissioner.

1. Subject to the provisions of subsection (2), the Commissioner or any officer who is engaged in carrying out the provisions of this Act and who has been authorized thereto by the Commissioner may, in order to exercise any power or perform any duty or function conferred or imposed by this Act -

1. at all reasonable times enter any land or place where any reconnaissance operations, prospecting operations or mining operations have been, are or are to be carried on, including any accessory works, or land to which any such operations or accessory works relate;
2. take or remove, for purposes of mineralogical examination, assaying, testwork or marketability surveys from -

1. any land, place or accessory works referred to in paragraph (a), any sample of any mineral or group of minerals; or
2. any such land, place or accessory works, a sample taken of any sample, or taken of any mineral or group of minerals won or mined, in the course of any operations referred to in paragraph (a);

3. seize any sample referred to in paragraph (b) or any book, record or document which may in his or her opinion be used in evidence in connection with any offence in terms of this Act;
4. inspect, make extracts from, and make copies of any book, record or document in relation to any operations or accessory works referred to in paragraph (a);
5. may make such investigations and inquiries as may be necessary to determine whether the provisions of this Act or any term and condition, direction or order determined, given or made under this Act is being complied with.

2. The Commissioner or officer referred to in subsection (1) shall -

1. before exercising any powers under that sub-section, identify himself or herself to any holder of a non-exclusive prospecting licence, mining claim or mineral licence or the owner or occupier or other person in charge of the land, place or accessory works, any sample, mineral or group of minerals, or book, record or document in question;
2. issue a receipt in respect of any sample taken or removed under paragraph (b) of that subsection or any sample, book, record or document seized under paragraph (c) of that subsection;
3. upon any claim received from the owner of any such sample, return such sample to such owner if it is not used within a reasonable period in evidence in connection with any offence in terms of this Act, or pay to such owner an amount equal to the market value of such sample;
4. return such book, record or document to the owner of such book, record or document if it is not used within a reasonable period in evidence in connection with any offence in terms of this Act.

3. The Commissioner or officer referred to in subsection (1) may, in the exercise of his or her powers under that subsection, consult with, or be accompanied by any person who in the opinion of the Commissioner or such officer, has special or expert knowledge of any matter in relation to which such powers are to be exercised.
4. -

1. (a) The holder of a non-exclusive prospecting licence, a mining claim or a mineral licence or the owner or occupier or other person in charge of any land, place, accessory works, mineral, group of minerals, book, record or document referred to in subsection (1) shall provide the Commissioner or officer so referred to with such reasonable facilities or assistance as may be necessary for the exercise of the powers or the performance of the duties and functions conferred or imposed upon the Commissioner or such officer in terms of that subsection.
2. (b) Any person who contravenes or fails to comply with the provisions of paragraph (a) shall be guilty of an offence and on conviction liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.

1. is required by, or may be made in terms of, this Act or any other law, or is required by an order of a competent court;
2. is effected with the prior permission in writing of the person concerned, or of the Minister granted in respect of any matter which in the opinion of the Minister is of a general nature and may be disclosed in the public interest;
3. relates to any information submitted, whether by way of a report, return or otherwise, to the Minister or the Commissioner in terms of any provision of this Act in connection with any reconnaissance operations, prospecting operations or mining operations carried on under a non-exclusive prospecting licence, mining claim or mineral licence, as the case may be, unless the holder of such licence or mining claim has applied for any other mineral licence or the registration of a mining claim in respect of the prospecting area, mining area or claim area, as the case may be, in relation to which such information has been submitted or the secrecy of such information is required to be preserved in terms of any term and condition of such mineral licence or mining claim.

2. Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and on conviction liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.

1. The Commissioner or any other officer employed in the Ministry of Mines and Energy, whether or not engaged in carrying out the provisions of this Act and any other officer engaged in carrying out the provisions of this Act, shall not -

1. acquire, whether directly or indirectly, any right or interest in any non-exclusive prospecting licence, mining claim or mineral licence;
2. acquire or hold any share, as defined in section 1 of the Companies Act, 1973 (Act 61 of 1973), or interest in a company which is the holder of a non-exclusive prospecting licence, a mining claim or a mineral licence.

2. For the purposes of paragraph (b) of subsection (1), the acquisition or holding of a share, as defined in section 1 of the Companies Act, 1973 (Act 61 of 1973), or interest in a company by the husband or wife of the Commissioner or an officer referred to in that subsection, shall be deemed to be an acquisition or holding by the Commissioner or such officer, as the case may be.
3. Any document or transaction purporting to grant any right or interest referred to in paragraph (a) of subsection (1) upon, or any share certificate or other document purporting to vest any shares or interest referred to in paragraph (b) of that subsection in, the Commissioner or such officer shall be null and void.
4. Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and on conviction liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
5. In any prosecution for an offence referred to in paragraph (b) of subsection (1), it shall be a sufficient defence if the accused person proves that the share in question was acquired -

1. by operation of law and that all reasonable steps necessary have been taken, and are being taken, to dispose of the share or interest; or
2. before he or she became the Commissioner or an officer referred to in subsection (1) or before the company became the holder of the non-exclusive prospecting licence, mining claim or mineral licence, as the case may be, and that as from the date on which he or she was appointed as the Commissioner or designated as such officer or as from the date on which such company became such holder, all reasonable steps necessary have been taken, and are being taken to dispose of the share.