Nationalisation of mineral rights in South Africa
South Africa is a mineral rich country and probably a leading mining country in the world as far as the variety and quantity of minerals produced are concerned. Over the years regional …
Demystifying Section 11 of the MPRDA: Transferring Mining Rights …
The mineral-rich soils of South Africa have long been a focal point for the mining industry, making it a key player on the global mining stage. ... Section 11 of the MPRDA outlines the intricate details surrounding the transfer of mining rights in South Africa. In this article, we will provide a comprehensive guide to Section 11, explaining its ...
(PDF) Mineral policy impact on South Africa's mining
South Africa, South African National Treasury, South African Department of Mineral Resources, and the World Bank D atabase, as well as relevan t national data bases of selected comparison co untries.
MINING, LAND, AND COMMUNITY IN COMMUNAL AREAS I
Mining law involves a complicated nexus of mineral rights, land rights, community governance structures, and health and environmental regulations. Since 1994, mining policies in South …
Illicit Trade in South Africa
Illicit Trade in South Africa: Challenges and Solutions TRACIT 2019 Page 2 miners in South Africa, with examples of child labor and other human rights abuses not uncommon.2 • Counterfeiting has become a major criminal activity that presents unfair trade to almost every consumer sector in South Africa.3 This contributes to trapping
ESG risks to global platinum supply: A case study of
In South Africa, mineral rights were severed from surface rights over time (Capps, 2012) so that Potgietersrust Platinums (a subsidiary of JCI, Anglo Platinum's predecessor) purchased mineral rights from the chief for land occupied by villagers without any requirement to consider the wellbeing of the residents (Mnwana et al., 2016). This is ...
South African mineral law: A historical overview of the …
As custodian the State has the ultimate responsibility to grant, issue, control, administer and manage all rights in minerals. As a consequence of this wide regulatory authority a landowner's …
Nationalisation of mineral rights in South Africa
4 See Minister of Minerals and Energy v Agri South Africa (Centre for Applied Legal Studies as amicus curiae) Case No 485/11 [2012] ZASCA 93 par 4 () (hereafter "Agri South …
MINING, LAND, AND COMMUNITY IN …
In this brief, I delve more deeply into the issue of mineral rights and land rights. Introduction. As I described in my introductory brief, the structure of mineral rights in South Africa was designed to prevent private landowners from blocking …
Spotlight: Mining law in South Africa
Foreign investors in South Africa enjoy various levels of protection of their investments, depending on whether South Africa has a bilateral investment treaty with the investor's country; where no ...
Maximizing the Benefits of the Renewed Global Interest in Africa…
In the global race, China appears to be far ahead in building supply chains for cobalt, rare earth minerals, lithium, and several other essential metals and minerals, 2 even though mining companies from Europe and North America have a large presence in precious metals and gemstones in many African countries (see Figure 1). Companies from South ...
MINING, LAND, AND COMMUNITY IN COMMUNAL AREAS …
As I described in my introductory brief, the structure of mineral rights in South Africa was designed to prevent private landowners from blocking mining development that has potential to benefit the country as a whole. The Mineral and Petroleum Resources Development Act … See more
In brief: mining rights and title in South Africa
Any person (including the owner of the surface rights) who wishes to exploit mineral resources in South Africa is required first to apply for and obtain the appropriate right under the Mineral and ...
(PDF) The land question in South Africa: The challenge of
The land question in South Africa: The challenge of transformation and redistribution . × ... pretending that there are no fundamental differences between South Africa and other countries on the African continent. This is particularly the case when one takes a political economy perspective. ... where access to and rights over land are part of ...
South Africa: Mineral Policy
Mineral Planning Approach/Framework. SA's mineral policy is premised on the constitutional imperative that SA belongs to all who live in it and the need to recognize the past injustices under apartheid under which Blacks were discriminated against (Constitution of the Republic of South Africa Act 108 of 1996, Preamble).The Bill of Rights affirms fundamental …
MINERAL LAW
In terms of the MPRDA another person/company can be granted a mineral right over ones property, because of the fact that the State is the custodian of all mineral rights in South Africa. …
Land Ownership and Mining Rights in Africa
The complex relationship between land rights and mineral rights in South Africa poses a significant challenge in the country's legal landscape. This complexity arises from the …
Understanding Mining Rights in South Africa
Mining rights are granted by the Department of Mineral Resources and Energy ("DMRE") in South Africa, and they come with specific requirements, regulations, and compliance obligations. In this article, we will explore the key …
SOUTHERN AFRICA SINCE THE MINERALS …
In some parts of South Africa the discovery of minerals brought some economic benefits to black farmers. P. Maylam says that, the opening of diamond mines, brought prosperity to Southern Sotho groups.
Exploration Strategy for the Mining Industry of South Africa
The Exploration Strategy for the Mining Industry of South Africa is a strategic plan aimed at attracting mineral exploration investment, reigniting mineral development, accelerating new mineral discoveries and encouraging optimal utilisation of South African mineral resources in line with the environmental, social, and corporate governance principles for sustainable growth.
Nationalisation of mineral rights in South Africa
Nationalisation of mineral rights in South Africa 127 minerals. The right granted to the third person could apply in general or only in respect of a particular category of minerals. It was not uncommon in South Africa for landowners to separate their ownership of the land from mineral rights, for example by retaining the mineral rights relating
MINING & MINERAL
(the Minerals Act). The Minerals Act vested the right to mine a particular mineral in the holder of the mineral rights for that mineral in relation to the land in question. Mineral rights constituted an element of land ownership South African law recognised that mineral rights could be severed from land ownership. This could be done in respect
EM Royalty Bill 2008
Proposed mineral and petroleum royalty regime for South Africa Like most other jurisdictions, South Africa has opted for a mineral and petroleum royalty regime that is based on value (an ad valorem royalty regime). As explained above, this system …
RESOLVING DIFFERENCES BETWEEN THE MINERAL …
The owner or other person in whom surface rights vest is at liberty to enjoy his or her surface rights subject to the limited real right of the ... simply have rights over the surface of their land,9 but any mineral underneath the land that they own is held by the state on behalf of the people of South Africa.10 These mineral rights which are ...
The Right to be Granted Access Over the Property of …
E VAN DER SCHYFF PER / PELJ 2019 (22) 2 1 Introduction The extraction of mineral resources in South Africa is regulated by the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA).1 Section 5(1) of the MPRDA defines prospecting and mining rights that have been granted in terms of the Act and registered in terms of
The impact of mineral rights on township establishment
In Agri South Africa v The Minister of Minerals and Energy [2011] 3 All SA 296 (GNP) the court stated: "Yet, due to our mineral wealth and extensive mining activities, the need arose for the possibility that rights to minerals be separable from the land title. Relatively early in our legal history, our courts and legislatures evolved a ...
Shaping legal and institutional pluralism: land rights, access …
On 20 November 2019 South Africa's President Cyril Ramaphosa signed the Traditional and Khoi-San Leadership Bill (TKLB) into law. Footnote 1 The Traditional Khoi-San Leadership Act 3 of 2019 (TKLA) forms part of a broader package of recent laws and proposed legislation regulating traditional leadership. Footnote 2 These laws have been strongly …
Overlaps and oversight: Navigating mineral rights in South Africa
South Africa's mineral law regime is governed by the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). The State, as the designated custodian of mineral and petroleum resources, may grant, issue, refuse, control, administer and manage any permissions, rights and permits in respect of prospecting and mining operations.
Economic and Social Development in the Republic of South Africa…
The present chapter analyses the evolution of the legal regime relating to mineral ownership and management in the Republic of South Africa, introduced by the 2002 Mineral and Petroleum Resources Development Act as an example of the implementation of the notion of sustainable development.The introduction of the new system of state competences in the …
ESG risks to global platinum supply: A case study of
South Africa, mineral rights were severed from surface rights over time ( Capps, 2012 ) so that Potgietersrust Platinums (a subsidiary of JCI, Anglo Platinum ' s predecessor) purchased mineral ...