Expropriation of "old order" mineral rights in South Africa: the Constitutional Court has its say (twice)

Badenhorst, Pieter 2014, Expropriation of "old order" mineral rights in South Africa: the Constitutional Court has its say (twice), Property law review, vol. 4, no. 5, pp. 53-58.

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Title Expropriation of "old order" mineral rights in South Africa: the Constitutional Court has its say (twice)
Author(s) Badenhorst, PieterORCID iD for Badenhorst, Pieter orcid.org/0000-0001-6012-6316
Journal name Property law review
Volume number 4
Issue number 5
Start page 53
End page 58
Total pages 6
Publisher Thomson Reuters
Place of publication Sydney, N.S.W.
Publication date 2014-11-01
ISSN 1838-3858
Keyword(s) "old order" rights
Mineral and Petroleum Resources Development Act (MPRDA)
Summary The Mineral and Petroleum Resources Development Act 28 of 2002 (ZA) (MPRDA) makes provision for the conversion of so-called “old order” rights to prospecting and mining rights. The consequences of the failure of holders of old order rights to apply for (a) Conversion or (b) new rights under different circumstances were decided by the South African Constitutional Court in two decisions during 2013. These cases are discussed against the background of the nature, content and termination of old order rights. It is also discussed whether such rights were expropriated by the MPRDA and, if so, whether compensation is payable by the state.
Language eng
Field of Research 180124 Property Law (excl Intellectual Property Law)
Socio Economic Objective 940401 Civil Justice
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2014, Thomson Reuters
Persistent URL http://hdl.handle.net/10536/DRO/DU:30067792

Document type: Journal Article
Collection: Law
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