South Africa

Grants mining rights and mining permits under the MPRDA; receives monthly returns (s.28)

Supervises FICA accountable institutions, including any business dealing in high-value goods that receives payment of R100,000 or more (Schedule 1 item 20, from 19 Dec 2022); the separate Krugerrand-dealer category in Schedule 3 was deleted

'Treasury' under the Exchange Control Regulations: authorises dealers in gold (Reg 2) and gives permission to export gold (Reg 3); consulted on refining licences and certificates for gold (PMA ss.7(1), 4(2)) and on import permits (s.10(2)); approves exports of unwrought and semi-fabricated gold (s.12(1))

Administers the Precious Metals Act: refining licences, beneficiation licences, jewellers' permits, certificates, special permits, import permits; receives export approval applications (Form PEA; Manual C(B) refers all gold export applications to it), quarterly registers (PMR1-3, 5-7) and half-yearly declarations (PMR4, PMR8)

Website

https://www.sadpmr.co.za

Search and seizure under PMA ss.16-18; Forensic Science Laboratory keeps the precious metals specimen database (s.22)

Financial Surveillance Department administers exchange control on delegation from Treasury (Reg 22E) through the Currency and Exchanges Manual; exempts gold producers from Reg 5 (Manual C(F)); Authorised Dealer banks apply the rules

Customs (Customs and Excise Act 1964), mineral royalty, VAT, income tax

Authorised dealers' rules on gold exports, acquisition of gold for trade, Krugerrands, marketing of SA gold, gold imports, and export proceeds.

Citation

SARB FinSurv, version dated 2026-06-25; Section C (Gold) A-G; B.18 (Control of exports); A.1 (definitions)

Kind

Circular

Bill of entry for export must be kept for three years (PM reg 24(2) as substituted by GN R387); imported precious metal must be duly entered for customs (reg 21(4)(b)); the import bill of entry is attached to Form PMR 7.

Citation

Act 91 of 1964

Kind

Act

Reg 2: only authorised dealers may buy, borrow, sell or lend gold (other than wrought gold) without Treasury permission; Reg 3: no export of gold without permission; Reg 5: a resident entitled to sell gold must offer it to the Treasury within 30 days unless exempted; Regs 6, 10, 11: export proceeds; Reg 22: penalty; Reg 22E: delegation to the SARB.

Citation

GN R1111 of 1 Dec 1961 under the Currency and Exchanges Act 9 of 1933

Kind

Regulation

Application contents, fees (Annexure A), transport waybill (reg 26), producer registration (reg 27A), registers PMR1-8 (reg 33), import permit (regs 21-22), export approval and declarations (regs 23-24), certificates (regs 15-17), minted bars (reg 28), forensic specimens (reg 29).

Citation

GN R570, GG 30061, 9 July 2007; amended GN R387 (GG 30942, 4 Apr 2008) and GN R737 (GG 38014, 22 Sept 2014)

Kind

Regulation

In force from

2007-07-09

Core control on possession, refining, beneficiation, import and export of unwrought and semi-fabricated gold; repealed the Mining Rights Act 1967 provisions on precious metals (s.24).

Citation

Act 37 of 2005; GG 28764, 21 April 2006; in force 1 July 2007 (proclamation in GG 30071)

Kind

Act

In force from

2007-07-01

Royalty on transfer of mineral resources; formula rates (s.4); gold in Schedule 1 (refined, 99.5%).

Citation

Act 28 of 2008 (GG 31635, 24 Nov 2008), as amended by Taxation Laws Amendment Act 17 of 2009 and later Acts to 2016

Kind

Act

In force from

2010-03-01

Zero-rates gold in bar, blank coin, ingot, button, wire, plate, granule or solution form supplied to the SARB, the SA Mint or a bank, if it has not undergone any manufacturing process other than refining or production into those forms (s.11(1)(f); Lueven Metals 2026). Repeal proposed in 2026 Budget Review Annexure C; not enacted by Taxation Laws Amendment Act 5 of 2026 (which substituted s.54(2C), referring to s.11(1)(f), from 1 April 2026) and not in the draft Taxation Laws Amendment Bill of 29 July 2026.

Citation

Act 89 of 1991, s.11(1)(f)

Kind

Act

Schedule 1 item 20 (from 19 Dec 2022): a person carrying on the business of dealing in high-value goods, for any transaction in which it receives payment of R100,000 or more; high-value goods are items valued in that business at R100,000 or more. Duties: registration (s.43B), customer due diligence (ss.20A-21H), records for five years (ss.22-23), targeted financial sanctions (ss.26A-26C), cash threshold reports (s.28), suspicious transaction reports (s.29), risk management and compliance programme (s.42). Schedule 3 (Krugerrand dealers) deleted.

Citation

Act 38 of 2001; Schedule 1 item 20 as amended by GN 2800 (GG 47596, in force 19 Dec 2022)

Kind

Act

Mining rights (ss.22-25, up to 30 years), mining permits (s.27), records and monthly returns (s.28), beneficiation abroad only after notice to the Minister (s.26(3)), charter (s.100), offences and penalties (ss.98-99).

Citation

Act 28 of 2002

Kind

Act

In force from

2004-05-01

Inserted s.5A (no mining without an environmental authorisation, a right or permit, and 21 days' written notice to the landowner or lawful occupier); raised the mining-permit area to 5.0 hectares (s.27(1)(b)). In force 7 June 2013 (Proclamation 14 of 2013) except six provisions excluded by Proclamation 17 of 2013 and the environmental provisions listed in s.94(2), including s.5A(a), which start on the NEMA Amendment Act 2008 s.14(2) date.

Citation

Act 49 of 2008

Kind

Act

In force from

2013-06-07

s.14(2): provisions on prospecting, mining, exploration and production start 18 months after the later of the commencement of its s.2 or of the MPRDA Amendment Act 2008 (7 June 2013), i.e. 7 December 2014; this date also starts MPRDA s.5A(a) (Act 49 of 2008 s.94(2)).

Citation

Act 62 of 2008; GG 31789, 9 January 2009

Kind

Act

In force from

2009-05-01

Registration with SARS (s.2), estimates and payments (s.5), return and final payment (s.6), records kept five years (s.8), penalty for underestimation up to 20% of the shortfall (s.14), interest (s.16).

Citation

Act 29 of 2008; GG 31642, 26 November 2008

Kind

Act

In force from

2009-05-01

Treasury authorisation

Held by

Authorised dealer in gold

Issued by

National Treasury; in practice the SARB Financial Surveillance Department on delegation (Reg 22E; Manual A.1)

Held by

Precious-metal beneficiation-licence holder

Issued by

SADPMR

Valid for

Up to 10 years, renewable

Fee

R5,000 (Annexure A)

Certificate, handed to and retained by the authorised dealer on sale (s.14(2))

Held by

Precious-metals trader holding an SADPMR certificate

Issued by

SADPMR, in consultation with the National Treasury (gold) and the National Commissioner of SAPS (s.4(2))

Valid for

Up to three months from issue (reg 17)

Fee

R1,000 (Annexure A)

Export approval

Held by

Holder of an SADPMR export approval

Issued by

SADPMR (Minister), after National Treasury approval

Export approval

Held by

Refining-licence holder (refinery)

Issued by

SADPMR, with National Treasury approval

Import permit

Held by

Refining-licence holder (refinery)

Issued by

SADPMR

Valid for

Up to one year (s.10(2)(c)); one calendar year (reg 22)

Fee

R1,000 (Annexure A)

Listing on the LBMA Good Delivery List (Rand Refinery since 1974)

Held by

Refining-licence holder (refinery)

Issued by

LBMA

Refining licence naming the premises (s.7(5))

Held by

Refining-licence holder (refinery)

Issued by

SADPMR, after consulting the National Treasury (gold) and the National Commissioner of SAPS

Valid for

Up to 30 years, renewable for 30-year periods on application 30+ days before expiry

Fee

R20,000 application or renewal (Annexure A)

Held by

Authorised dealer in foreign exchange (commercial bank)

Issued by

National Treasury (administered by SARB FinSurv)

Held by

Precious-metals trader holding an SADPMR certificate

Issued by

Financial Intelligence Centre

Held by

Holder of an SADPMR export approval

Issued by

SARS Customs

Held by

Holder of an SADPMR export approval

Issued by

Financial Intelligence Centre

Environmental authorisation

Held by

Mining-right holder (industrial gold mine)

Issued by

Competent authority under NEMA (via DMPR)

Producer registration number, quoted on all submissions

Held by

Mining-right holder (industrial gold mine)

Issued by

SADPMR

Notarially executed mining right

Held by

Mining-right holder (industrial gold mine)

Issued by

DMPR (Minister of Mineral and Petroleum Resources)

Valid for

Up to 30 years, renewable for periods of up to 30 years (s.23(6), s.24(4))

MPRR reference number (814XXXXXXX) via RAV01 on eFiling

Held by

Mining-right holder (industrial gold mine)

Issued by

SARS

Environmental authorisation

Held by

Mining-permit holder (small-scale miner)

Issued by

Competent authority under NEMA (via DMPR)

Mining permit

Held by

Mining-permit holder (small-scale miner)

Issued by

DMPR (Regional Manager)

Valid for

Up to 2 years, renewable for three periods of up to 1 year each

Mining permit

Held by

Mining-permit holder (small-scale miner)

Issued by

DMPR (Regional Manager)

Valid for

Up to 2 years, renewable for three periods of up to 1 year each

Producer registration number

Held by

Mining-permit holder (small-scale miner)

Issued by

SADPMR

Held by

Mining-permit holder (small-scale miner)

Issued by

SARS

Transfer of gold won or recovered in South Africa; not imported dore

Rate

Y = 0.5 + [EBIT / (gross sales x 12.5)] x 100, minimum 0.5%, maximum 5%

Base

Gross sales of gold at the Schedule 1 condition (refined and smelted to 99.5% purity); transfers in another condition valued at arm's length as if in that condition (s.6); expenditure on transport, insurance and handling after that condition is disregarded (s.6(3)(a) as amended by TLAA 17 of 2009)

Paid by

The person that wins or recovers the gold from within the Republic (holder of a right or permit)

Collected by

SARS

Small-scale producers

Rate

Exempt

Base

Extractor whose gross sales of all mineral resources transferred do not exceed R10 million in the year, whose royalty would not exceed R100,000, resident and registered (s.7(1)), and not within a group holding over 50% (s.7(2))

Paid by

Small extractor

Collected by

SARS

Domestic gold supplies not zero-rated (e.g. recycled gold to banks; sales to traders)

Rate

15%

Base

Consideration

Paid by

Purchaser (charged by vendor)

Collected by

SARS

Refined primary gold sold to the SARB, the SA Mint or a registered bank; recycled gold excluded (Lueven Metals, ZACC 23 June 2026)

Rate

0%

Base

Supply of gold bars, blank coins, ingots, buttons, wire, plate, granules or solution not previously manufactured other than by refining

Paid by

Supplier (vendor)

Collected by

SARS

Applications and renewals

Rate

Refining licence R20,000; beneficiation licence R5,000; jeweller's permit R500; import permit R1,000; certificate R1,000; special permit R5,000; appeal R500 (Annexure A, 2014)

Paid by

Applicant

Collected by

SADPMR

Kind

Currency control

Kind

Origin marking

Kind

Currency control

Kind

Import restriction

Valid from

2007-07-01

Kind

Local refining requirement

Kind

Bar standard

Kind

Other

Valid from

2007-07-01

Kind

Conflict-area due diligence

Kind

Other

Kind

Anti-money laundering

Threshold

Payment of R100,000 or more in a transaction; goods valued at R100,000 or more

Valid from

2022-12-19

Kind

Sanctions

Kind

Other

Kind

Currency control

Rand Refinery refines dore and concentrates from South African and other African depositors ('beneficiating Africa's gold'); country-by-country volumes not found.

Rand Refinery has supplied kilobars (99.50-99.99) since 1994 to India, Turkey, Italy, the Middle East and the Far East.

Illegal mining by 'zama zamas' in derelict and working gold mines produces gold outside any MPRDA title or PMA register. The ISS ENACT brief (April 2019) puts lost production at over R14 billion a year. The Sunday Times (15 Aug 2026) reports that Cabinet endorsed a General (Mining) Laws Amendment Bill to criminalise illegal mining with up to 30 years' imprisonment and/or a R100m fine, that illegal miners have generally been charged only with trespass, and that in 2025 the minister put the loss at R60bn a year.

[conflict] SADPMR Form PEA (2025) reprints reg 23(3) with 'within 14 days' and reg 24(2) as 'The application must contain a copy of the Bill of Entry'. The consolidation of GN R570 gives 30 days for reg 23(3), and GN R387 of 4 April 2008 substituted reg 23(3)(a) (local demand for unwrought and semi-fabricated metal) and reg 24(2) (applicant must retain the bill of entry for three years). The form appears to reprint superseded wording; the original GN R570 is not held to confirm. Affects za.st-32, za.st-37, za.cr-exp-approval.

Traders treated refined recycled gold sold to banks as zero-rated bullion; SARS disallowed this and the Constitutional Court (Lueven Metals, 23 June 2026) held that gold which has undergone prior manufacturing is excluded even after refining. National Treasury's 2026 Budget Review Annexure C says refiners pool primary and secondary gold, so suppliers cannot comply, and proposes repealing s.11(1)(f).

[conflict] (resolved) The gov.za page and Royalty Act s.18(2) as enacted give 1 May 2009; TLAA 17 of 2009 s.102 substituted s.18(2): the charging provisions and Schedules apply from 1 March 2010 to transfers on or after that date. The SARS page says 'effective from March 2010'. The model uses 1 March 2010. Affects za.law-royalty-act, za.tax-royalty-refined, za.tax-royalty-smallbiz.

[conflict] Royalty (Administration) Act s.6 as enacted: the return and any balance are due within six months after the end of the year of assessment. SARS page and guide (2024): the annual MPR3 return is due twelve months after year end, with an optional 'return of excess' top-up within six months. The amending Acts that may explain this (2009-2023) are not held. Affects za.st-17.