Minister of Mineral Resources v Mawetse (SA) Mining Corporation (Pty) Ltd 2016 (1) SA 306 (SCA)
Badenhorst ‘Minister of Mineral Resources v Mawetse (SA) Mining Corpo SA 306 (SCA)’ 2016 De Jure168-181 http://dx.doi.org/10.17159/2225-7160/2016/v49n1a11
Posted: 1 Sep 2016
Date Written: 2016
Upon enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) the State became the custodian of the mineral resources of South Africa 'for the benefit of all South Africans' (s 3(1)), and the Minister of Mineral Resources became empowered to grant new types of rights to minerals, such as prospecting and mining rights to any applicant (s 3(2)(a)).
The facts, issues and decision of the Court will be discussed, followed by a commentary about the correctness of the decision. The public law road embarked upon by the Supreme Court of Appeal will also be examined. A conclusion will be reached about the impact of the decision of the Supreme Court of Appeal as the decision was aimed at 'all other rights under the MPRDA'.
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