In this case, the Supreme Court of Appeal upheld the decision of Zondo J in Sishen Iron Ore Company (Pty) Limited v Minister of Mineral Resources (28980/10) [2011] ZAGPPHC 220 (20 December 2011) in respect of the extinction of an undivided share in an old order mining right that had been held...

This article provides an overview of some developments, internationally, regionally and in the SADC, in relation to development, that may be expected to influence the South African government’s response to the development needs of the people in the country. An overview is provided of the...

After my summary of the facts in Cadia Holdings, the historical route followed by the High Court, especially in the judgement of French CJ, will be discussed followed by the decision of the High Court. A joint judgement was delivered by Gummow, Hayne, Heydon and Crennan JJ. The decision...

Section 11(1) of the Minerals and Petroleum Resources Development Act 28 of 2002 (hereafter “MPRDA”) contains a restraint against the alienation or transfer of prospecting rights, an undivided share in such rights or a controlling interest in a company or close corporation holding such...

The vesting and re-vesting of rights to minerals in terms of the MPRDA in the State can be explained by private law analysis. It was decided in the Palala Resources decision that upon the deregistration of a company holding a prospecting right in terms of the MPRDA, such prospecting right lapsed...

In Chevron SA (Pty) Limited v Wilson t/a Wilson's Transport [2015] ZACC 15 petroleum products were provided to Wilson, an owner of a truck business, by an unregistered credit provider, Chevron. In terms of the National Credit Act 34 of 2005 (ZA) (“NCA”) an agreement by an unregistered credit...

The notion and features of the security of South African mineral tenure are discussed in this article. On enactment of the Mineral and Petroleum Resources Development Act, 28 of 2002 (MPRDA) on 1 May 2004, a radical new mineral law regime was introduced in South Africa. The state acts as...

Within the context of land reform in South Africa a new mineral law regime was introduced on 1 May 2004 by the Mineral and Petroleum Resources Development Act 28 of 2002. Provision was also made for the transition from the old order to the new order. In the most recent decision of Agri South...

This decision is an appeal from the decision of the South Gauteng High Court in SFF Association v Xstrata (2011 JDR 0407 (GSJ)). The court a quo decided incorrectly that the holder of an old-order mining right, which was converted into a (new) mining right in terms of the Mineral and Petroleum...