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The Supreme Court of Appeal overturned the High Court's decision, holding that the MPRDA did not expropriate all mineral rights in South Africa. The court…
Cited for leaving open the question whether there is room within our constitutional framework for the development of a concept of constructive expropriation.
Applied for the constitutional distinction between deprivation of property and expropriation and the definition of expropriation.
Cited for previous consideration of the transformation of the legal landscape concerning minerals and mining under the MPRDA.
The Supreme Court of Appeal reversed the High Court decision. It held that the right to mine is vested in the state and mineral rights without the right to…
Considered but distinguished as the court noted complex unanswered questions concerning constructive expropriation doctrine raised but not addressed in this…
Cited for the proposition that deprivations of property can take a variety of forms and be effected in various different ways.
Noted for not challenging or questioning the SCA finding about expropriation in the public interest where third party acquisition occurs.
Applied for the rejection of expropriation claim on the basis that the State did not acquire any rights, thus acquisition is a necessary characteristic of…
Cited for previous comment by this court on the Mineral and Petroleum Resources Development Act.