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

journal contribution
posted on 2014-11-01, 00:00 authored by Pieter BadenhorstPieter Badenhorst
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.

History

Journal

Property law review

Volume

4

Issue

5

Pagination

53 - 58

Publisher

Thomson Reuters

Location

Sydney, N. S. W.

ISSN

1838-3858

Language

eng

Publication classification

C Journal article; C1 Refereed article in a scholarly journal

Copyright notice

2014, Thomson Reuters

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