van der Vyver, JD - De Jure - University of Pretoria

Over the years regional legislation was adopted to regulate the exploration and The concept of “mineral rights” came to be confined in South African law to an of the land from mineral rights, for example by retaining the mineral rights relating to with mineral rights, which could be the owner of the land or a person other

Minister of Minerals and Energy v Agri South…

Did the MPRDA expropriate all mineral rights in South Africa? 'Subject to the provisions of this Act, the holder of the right to any mineral in respect of land or tailings, .. over the property and the other the right to mine all other minerals. The holders of mineral rights could deal with them by, for example,

Natural Resources, Conflict, and Conflict Resolution…

More recently, violent conflict over land has occurred in for example, diamonds in Western Africa, amber in Russia, and gold in Indonesia. Other examples of conflict minerals include coltan (tantalite, used in cell phones, . lobbying governments and other actors to improve human rights, transparency,

History of South Africa - Key Figures in South…

give me an example in south africa of mineral and other rights in and over land People who shaped South Africa's History: Jan van Riebeeck, Paul Kruger, Daniel The racial divide was reflected in the pattern of land ownership and the The discovery of minerals in the late nineteenth century--diamonds in 1867 and . in which members of other racial groups would never receive full political rights.

A guide to developing mining projects: South Africa |…

South Africa's mineral endowment is well known and covers precious metals (gold, The cession of a prospecting right or mining right to another entity (as part of the sale . For example, the Mining Charter sets a target for: . South African property rights could be subject to land restitution claims, provided

An Overview Of The Nigerian Minerals And Mining Act 2007 -…

All lands in which minerals have been found in commercial The Act further provides that the use of land for mining operations shall have a priority over other uses of During the interim period, the holder of an interim right, lease or .. downstream petroleum industry in South Africa and highlight certain

Read publication - Baker McKenzie

South Africa . . For example, challenges have arisen due to the volatility in have any ownership right to minerals, although they may be entitled to . other land which the Commonwealth has jurisdiction over under the

give me an example in south africa of mineral and other rights in and over land

'Land grabbing' re-emerged in the context of a spike in global food prices in 2008. land and other associated resources like water, minerals or forests, . they do not have formal property rights over their land; and so, the policy . of investors, this time from South Africa.13Third, there is the problem

human rights implications of extractive industry…

A Study of the Mineral Sector in Karamoja and the Oil With over six years' presence, the ASF Mission in Uganda continues to fulfil its mandate by .. realise other human rights, especially economic, social and cultural rights: . 8 In the 2012, officials from the South African Police Forces and Lonmin Security staff, in an.

South African property law - Wikipedia

South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain . Conflicts grew over the later half of the 19th century, as the rich mineral From this point a series of laws secured white control of South African land and

South Africa - Mining Law 2017 · ICLG - International…

South African Mining Law is regulated by the Mineral and Petroleum Resources For example, downstream owners of land may have a claim in delict for damages In order to conduct prospecting for minerals (other than petroleum), . to exercise rights also over residue deposits on the land concerned?

Securing community land and resource rights in…

create opportunities for law reform and offers examples of reforms that have taken place Part 2 explains the elements of good laws, different sources and systems of law, and arbitrarily deprived of their rights over particular lands and resources. African national laws and constitutions frequently define sub-soil mineral. give me an example in south africa of mineral and other rights in and over land

Sustainable and Responsible Mining in Africa -…

over 60 different metals and minerals and has huge potential for exploration and . For example, is there a Board Member appointed to oversee sustainable business .. between mining companies and local communities due to land rights, . South Africa which resulted in deaths and injuries highlighting the issue of

Imperialism 101 - Michael Parenti

Imperialism has been the most powerful force in world history over the last four or five The earliest victims of Western European imperialism were other Europeans. . Philippines, South Africa, South Korea and a dozen other countries. . improvements in women's rights, food subsidies, and in some cases land reform.

Royalties in the Western States and in Major…

Over 92 percent of federal lands are located in the 12 western to begin prospecting on state lands, and 2 others require approval to. Page 2 example, Idaho levies a tax of 2 percent of the net value of the ore mined. In addition, two . An estimated 90 percent or more of mineral rights in South Africa are privately owned

give me an example in south africa of mineral and other rights in and over land

The rights are “use it or lose it”; they are lost if minerals are not extracted within Often in rural South Africa, this still means white landowners. For example, in Haakdoornbult Boerdery CC and Others v Mphela and Others,

Minerals and Mining Policy of South Africa: Green…

In this way Government will encourage investment in mining as in other industries. . i) The South African system of mineral rights has developed over many years to for example upon original grant of the land or by subsequent transactions.

Mining and your Community - Centre for Environmental…

different laws that apply to mining and it is governed by three national government promoting the sustainable mining of South Africa's mineral resources and to community (for example, by filling the air with dust or the water with toxic company to get a right to mine the minerals on your land, without your consent.

ownership and control of oil, gas, and mineral resources…

wars of South Africa, the institution and sustenance of the obnoxious For example, rights, different theories of ownership and control of natural . fugitive and wandering existence,' in passing over the land, become the.

Sub-Saharan Africa: Environment, Politics, and…

Large areas of land were taken over by colonial administrations or European Exploitative policies extracted Africa's minerals and other natural wealth for the benefit of outsiders. For example, the erection of the Manantali Dam on the Senegal River One reason is that states understandably want to avoid South Africa's

download - Electronic Journal of Comparative Law

The South African law of property and the numerus clausus principle Ltd. V Cape Explosive Works Ltd. and Another Examples of legislation promulgated over the years affecting the law of been added over the years include the lease of land, mineral rights and real rights in respect of units in a sectional title scheme.

framework and guidelines on land policy in africa…

Land Policy in Africa: A Framework to Strengthen Land Rights, . (South Africa), Mr Simeao Cambaco (Mozambique) and Mr Wolfgang Werner . This Framework and Guidelines is much more than simply another document on land. “Land tenure”: the nature of and manner in which rights and interests over various.

Women and Land Rights: - Heinrich-Böll-Stiftung

Land Reform and Women's Land Rights in South Africa. Shamim Meer. 10 of power and control over community resources, history, culture examples of women's self-organised resistance to land grabs Land in Africa for land and, on the other hand, discriminatory Tanzania. The region is rich in many other mineral.

Definitions of property | ALRC

18.20 A 'property right' may take different forms depending on the type of property. 18.25 Arguments concerning rights over one's person, for example claims over .. or mineral claim may not be granted over the surface of land in New South .. See also Lee Godden, 'Water Law Reform in Australia and South Africa: give me an example in south africa of mineral and other rights in and over land

Agri South Africa v Minister for Minerals and…

CONSTITUTIONAL COURT OF SOUTH AFRICA . Sebenza was not the owner of the land on which the coal was located. Appeal held that the development of the law on mineral rights over the years was premised . South African Revenue Service and Another; First National Bank of SA Ltd t/a Wesbank

The History of Apartheid in South Africa - CS…

South Africa (see map) is a country blessed with an abundance of natural resources including fertile farmlands and unique mineral resources. The discovery of diamonds in these lands around 1900 resulted in an English invasion which apartheid as a means to cement their control over the economic and social system.

Land and water – the rights interface -…

First of all, land tenure rights and water rights are legal rights. Examples of jurisdictions where the common law tradition applies include the United the remaining African countries that are not in the civil law tradition as well as other . At the same the land parcel may benefit from a similar right over an adjacent parcel.

The exploitation of natural resources and land grabbing -…

GRAIN-RIAO: DR Congo communities pressured to cede land rights by plantation Land grabbing happens on all continents, but 60% of it takes place in Africa. Solar panels, wind turbines and electric cars rely upon a lot of different metals For example, over 11kg of rare earth minerals are necessary to produce hybrid

South African mineral law - NWU

South African mineral law: A historical overview of the . over the sources of mining as they had to preserve the huge standing army needed to uphold the Roman .. notifying the state.71 All other mineral rights on private land, unless reserved were reserved to the State in the abovementioned examples of pre-Union.

Mineral Rights | Oil & Gas Lease and Royalty…

The owner of mineral rights can sell, lease, gift or bequest them to others individually For example, it is possible to sell or lease rights to all mineral commodities Surface mining completely disturbs the land and produces a new landscape. the rooms and passages usually close through collapse or settlement over time.