n Without Prejudice - The twelfth player? : mining

Volume 15, Issue 2
  • ISSN : 1681-178X



In 2007, Sir Alex Ferguson, commenting on the biased performance by the referee during a soccer match between Roma and Manchester United, claimed that Manchester United was playing "". We have heard these types of complaints often when referees are perceived to have favoured one team over another. Would the state, as the custodian of our mineral resources, become the 12th player when it awards mining rights to a state-owned mining company? In 2013, the Constitutional Court answered the question of whether the change in our mineral law dispensation amounted to expropriation. However, with the recent proclivity of the Department of Mineral Resources to award rights to mine or prospect minerals to state-owned companies, we believe the position should be reconsidered.

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