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Johannesburg - The Constitutional Court will hand down judgment on Thursday on Agri SA's claim for damages over alleged expropriation of mineral rights.
The court heard the application on November 8 last year.
Agri SA argued the Mineral and Petroleum Resources Development Act abolished the concept of privately held mineral rights.
The act, promulgated in 2004, requires owners of old-order rights to apply to have them converted into new rights.
It vests ownership of mining rights in the state. Agri SA believes this is expropriation and wants R2m compensation.
Shortly after the commencement of the act, Agri SA acquired by cession a claim for compensation from mining company Sebenza. The then minister of minerals and energy rejected the claim.
The High Court in Pretoria ruled in favour of Agri SA and awarded it R750 000 compensation.
The Supreme Court of Appeal set the ruling aside and held the act did not deprive Sebenza of property, and therefore did not amount to an expropriation, and no compensation needed to be paid.
The minister argued the act did not expropriate Sebenza's mineral rights because the "right to mine" had always been vested in the state and the state did not acquire any rights as a consequence of the alleged deprivation.
