Regte of minerale : 'n boedelbeplanningsanalise

Abstract

South Africa entered a new era on 1 May 2004 with the commencement of the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter the MPRDA). Section 3 states that the mineral and petroleum resources are the common heritage of all South Africans. Due to the fact that a new era of mineral rights has been introduced, it is necessary to investigate the effect of the new Act on the process of estate planning. This study is focused to determine which of the rights found in the MPRDA can be classified as assets in an estate, and which of these rights should be discounted for in the process of estate planning that is focused on the inheritance of assets. The study firstly deals with the mineral rights as property in terms of section 25 of the Constitution. After a brief synopsis has been given of the old order mineral rights, the focus falls on the nature and transferability of the new order mineral rights and the implications that the said rights have on the process of estate planning.