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

See all articles by Pieter Badenhorst

Pieter Badenhorst

Deakin University, Geelong, Australia - Deakin Law School

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

Suggested Citation

Badenhorst, Pieter, Large Scale Expropriation of Mineral Rights in South Africa: The Agri South Africa Saga (2011). Australian Resources and Energy Law Journal, Vol. 30, 2011, Available at SSRN: https://ssrn.com/abstract=2654031

Pieter Badenhorst (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

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