Monday, May 13, 2013
On 28 April 2011 the North Gauteng High Court found in favour of AgriSA in a test case in which AgriSA endeavoured to prove that the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) did expropriate mineral rights and that compensation is payable to the erstwhile holders, as provided in section 25 of the Constitution.
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.
