n Stellenbosch Law Review = Stellenbosch Regstydskrif - Expropriation of unused old order mineral rights : the court has its first say
|Article Title||Expropriation of unused old order mineral rights : the court has its first say|
|© Publisher:||Juta Law Publishing|
|Journal||Stellenbosch Law Review = Stellenbosch Regstydskrif|
|Author||Heleen Van Niekerk and Hanri Mostert|
|Publication Date||Jan 2010|
|Pages||158 - 171|
The contribution explains some of the implications of the systemic changes to South African mineral law, by analysing the decision in AgriSA v Minister of Minerals and Energy. It commences by explaining the tenets of the transitional order, and focusing specifically on one of the various categories of transitional rights that were created, namely "unused old order rights". In case of unused old order right, the holder had one year in which to apply for a new right.
The article then considers the facts of the case under discussion: The plaintiffs alleged that their unused old order rights, which were terminated after the transitional period, were expropriated when the MPRDA came into operation. The defendant entered an exception to the plaintiffs' particulars of claim on the basis that (i) the provisions of the MPRDA relied upon do not provide for expropriation and (ii) that the particulars of claim are vague and embarrassing as insufficient facts have been alleged to appraise the defendant of exactly what the plaintiffs claims are. The issue was thus not whether there was an expropriation but whether the provisions of the MPRDA relied upon provide for expropriation.
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