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Mineral law and the doctrine of rights : a microscope of magnification?

journal contribution
posted on 2006-01-01, 00:00 authored by Pieter BadenhorstPieter Badenhorst
The doctrine of rights has become part of private law jurisprudence. In this article the application of the doctrine in two decisions dealing with surface support in mineral law is examined. It is argued that the decision of Kriegler J in Elektrisiteitsvoorsieningskommissie v Fourie, namely, that the right to surface support is an entitlement, is more correct than Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd in which it was decided that the right to surface support is a competence. It is submitted that depending on the legal location of the entitlement in the relationship between owner and miner of land one may simply refer to either an owner's entitlement to surface support or a miner's entitlement to undertake opencast-cast mining.

History

Journal

Obiter

Volume

27

Issue

3

Pagination

539 - 553

Publisher

Faculty of Law, University of Port Elizabeth

Location

Port Elizabeth, South Africa

ISSN

1682-5853

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2006, University of Port Elizabeth, Faculty of Law

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