Mining and minerals law

The application of s 11 of the Mineral and Petroleum Resources Development Act 28 of 2002: Is the Minister’s prior consent needed?

Vantage Goldfields SA (Pty) Ltd and Another v Arqomanzi (Pty) Ltd and Others (SCA) (unreported case no 733/2022, 27-6-2023) (Ponnan and Matojane JJA (Mocumie and Mbatha JJA and Mali AJA […]

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Mozambique, Cabo Delgado insurgency – what does this mean for foreign investors and international lenders who have vested interests?

Mozambique with its huge mineral deposits has been the center of attention, especially for foreign investors who have an interest in investing in the African continent for the exploration and […]

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Can information be requested in terms of the Mineral and Petroleum Resources Development Act?

Baleni and Others v Regional Manager: Eastern Cape Department of Mineral Resources and Others (Centre for Applied Legal Studies as amicus curiae) [2020] 4 All SA 374 (GP) On 11 […]

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A South African constitutional jurisprudential duty to consult affected and interested parties before awarding mining and prospecting rights

Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others 2011 (4) SA 113 (CC) Since the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) […]

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The effect of the ‘once empowered always empowered’ rule on the mining industry

By Dineo Peta The debate around the ‘once empowered always empowered’ rule arose once again following the publication of the draft Reviewed Broad-Based Black Economic Empowerment Charter for the South […]

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Failing the objectives of the MPRDA

By Malusi Mkhize On 23 June 2014, the longest mining sector strike in South African history ended when the Association of Mineworkers and Construction Union (AMCU) accepted a revised wage […]

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Mine or yours? – A closer look at s 5 of the Mineral and Petroleum Resources Development Act

By Felix Majoni The concept of absolute ownership is one that is deeply entrenched in our law. Ownership entails that the holder of a thing has absolute control over that […]

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Expropriation – a minefield?

Agri SA v Minister of Minerals and Energy (CC) (unreported case CCT 51/12, 18-4-2013) (Mogoeng CJ) By Ben Winks The Constitutional Court (CC) recently delivered judgment in one of South […]

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Certainty in mining legislation needed

By Michael Karp Section 35 of the Diamonds Act 56 of 1986 and s 11 of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) deal with similar […]

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Sustainable development in the petroleum sector

By Kuvashen Padayachee The goal of sustainable development is to create the conditions necessary for long-term sustainability for present and future generations. It requires accommodation by economic development, social justice […]

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