n South African Law Journal - Ownership of minerals in situ in South Africa : Australian darning to the rescue?

Volume 127, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



This article examines the theoretical framework and policy reasons for the legal development that took place from private ownership to public ownership of minerals in situ in South African law. Ownership of minerals in situ in present day South Africa is determined by the Mineral and Petroleum Resources Development Act 28 of 2002. The holders of the respective rights are explained and an attempt is made to identify the unknown holders of ownership of minerals in situ in the South African law by comparing it with the Australian system. In the theoretical analysis, the rights, entitlements and objects to be found in both systems are set out. An attempt is made to find answers in Australian law for the omissions in the present day mining law of South Africa. The article?s methodology attempts to fill the gaps where necessary rather to than provide a complete comparative analysis of the two systems.

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