Large Scale Expropriation of Mineral Rights in South Africa: The Agri South Africa Saga
Australian Resources and Energy Law Journal, Vol. 30, 2011
12 Pages Posted: 2 Sep 2015
Date Written: 2011
Abstract
Within the context of land reform in South Africa a new mineral law regime was introduced on 1 May 2004 by the Mineral and Petroleum Resources Development Act 28 of 2002. Provision was also made for the transition from the old order to the new order. In the most recent decision of Agri South Africa v Minister of Minerals and Energy it was held that expropriation of common law mineral rights of holders of "unused old order rights" took place under the act, and that compensation is payable to the holders of such rights. It is concluded that the decision is in line with South African Constitutional Property law jurisprudence. It is argued that in the case of other "old order rights", expropriations have also taken place, and compensation would be payable.
Keywords: expropriation, compensation, mineral rights
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