Protection of landowners' rights in terms of the Mineral and Petroleum Resources Development Act 28 of 2002

Abstract

Since the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) a fundamental conflict arose between the rights of a holder of either a prospecting or a mining right, and that of a landowner. On the one hand this can be explained by having regard to the impact the granting of a prospecting or a mining right may have on the rights of the landowner to whose land such a right relates. On the other hand, section 25 of the Constitution of the Republic of South Africa, 1996 (Constitution), provides for the protection of property to a certain extent. The protection that the Constitution affords to a landowner, together with the rights granted to the holder of a prospecting or a mining right by the MPRDA, is the cause of such a fundamental conflict. It is against this background that this study seeks to determine to what extent the MPRDA provides for the protection of a landowner's rights, having regard to the rights granted to the holder of a prospecting or a mining right, which is considered against the protection of property as afforded by the Constitution.