Evaluation of the mineral law transformation in South Africa

What is it about?

On 1 May 2004 the mineral law regime in South Africa was radically changed by the introduction of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). It became necessary to evaluate the application and evolution of the MPRDA against the background of case law since its enactment. By way of a historical overview the article firstly sets out the legal basis upon which mineral rights were acquired and exercised prior to the introduction of the MPRDA. The different rights to minerals under the MPRDA are also indicated at the outset. Secondly, the article examines the different players, namely the state, possible beneficiaries, applicants of rights to minerals and owners of land, and indicate their respective roles in the MPRDA. Thirdly, the article discusses in more detail the different rights, permissions and permits to minerals that can be granted or issued by the state and the registration or recordal of the rights, permissions and permits in the registration system. Fourthly, the different processes during which different kinds of rights are acquired are also indicated. The importance of distinguishing between private law-style rights and administrative law rights within the MPRDA is shown. Fifthly the article briefly discusses the degree of security of tenure afforded by the MPRDA, and concludes about the type of mineral law regime that was created by the MPRDA as part of the transformation of the legacies of apartheid land law.

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Why is it important?

It forms part of the transformation of the mineral laws of South Africa.