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Environmental and Mining / Commentary and Articles

MPRDA DID NOT EXPROPRIATE MINERAL RIGHTS

Posted 13 May 2013

On 18 April 2013 the Constitutional Court found that mineral rights were not expropriated by the enactment of the Mineral and Petroleum Resources Development Act. AgriSA claimed compensation from the Minister of Mineral Resources on the basis that the enactment of the MPRDA expropriated old order mineral rights and in terms of section 25 of the Constitution, compensation is payable. The Constitutional Court found that the enactment of the MPRDA did not expropriate old order mineral rights and accordingly no compensation is payable.
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