• 10 tips to find bargains

    Susan Erasmus gives advice on how bargain hunters can get the most bang for their buck.

  • Inside Labour

    Labour's bitter breaches need to be seen in historical context, says Terry Bell.

  • Rich getting richer

    Economists differ on how to tackle the chasm between rich and poor, says Leopold Scholtz.

Loading...
See More

Ruling opens state to restitution claims

Apr 28 2011 16:48 Sapa

Related Articles

ANCYL slates Shabangu mines grab stance

Illegal miner killed, 426 arrested

Cabinet endorses fracking moratorium

We want 60% of Anglo, says Malema

Sishen: the plot sickens

Amsa sees Sishen arbitration in 2012

 

Johannesburg - Mineral rights holders, who forfeited their rights when the Mineral and Petroleum Resources Development Act (MPRDA) came into effect in 2004, are entitled to claim for financial loss suffered as a result of the expropriation, Agri SA said following a ruling by the High Court in Pretoria on Thursday.

The judgment handed down by Judge Ben du Plessis serves as a direction-giving ruling in terms of protecting property rights, the farming body's president Johannes Möller said.

"Agri SA's intention with this test case was to prove (the) expropriation of mineral rights... would oblige the state to pay compensation. This ruling confirms the fundamental principle in Section 25 of the constitution, namely that property cannot be expropriated without compensation."

Du Plessis found that "for the reasons stated the objects of the MPRDA could not be achieved without depriving mineral rights holders of their property and without vesting in the state similar rights. While not expressly stated, expropriation was one of the purposes of the MPRDA."

Ahead of the ruling, Agri SA had asked those who suffered financial loss to lodge claims by April 30. Agri SA had compiled a guideline for instituting claims for compensation, which was forwarded to all provincial agricultural unions affiliated with the organisation.

 
mineral rights  |  mining  |  mprda

 
 
 

Read Fin24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
16 comments
Add your comment
Comment 0 characters remaining
 

Company Snapshot

Brought to you by BizNews

More from BizNews

We're talking about:

SMALL BUSINESS

Johannesburg has been selected to host the Global Entrepreneurship Congress in 2017. "[The congress] will ensure that small business development remains firmly on the national agenda and the radar screen of all stakeholders, the Small Business Development minister said.
 
 

10 most expensive cars In the world

This is car porn at its best!

 
 

Luxury living

Seven of the most expensive children's toys ever made
5 millionaires turned murderers
The youngest billionaires in the world and how they made it
Watch: Flying first class has never been this luxurious!

Money Clinic

Money Clinic
Do you have a question about your finances? We'll get an expert opinion.
Click here...

Voting Booth

How do you see your boss? He/sheis:

Previous results · Suggest a vote

Loading...