[miningmx] — THE issue of compensating landowners who held old order mineral rights is to resurface.
On Friday Chief Justice Mogoeng Mogoeng said the Constitutional Court would on November 8 hear oral arguments from all players – Agri SA and Mineral Resources Minister Susan Shabangu – to make a final decision whether these landowners are entitled to state compensation.
Ever since the start of legal proceedings, these landowners have pinned their hopes on the courts for compensation for what they claim is legally their property.
The unhappiness among old order owners arose because, in terms of the new Mineral Resources Act which came into force in 2005, the mineral resources minister became the “owner” of all unused old order mineral rights.
Shabangu now also controls all so-called new order mineral rights registered since 2005. Because old order rights owners no longer have any say over the minerals on their land, they argue that they should be compensated for “expropriation” of their rights.
The minister may now grant anyone who applies for mining rights over a stretch of land – no matter who owns it – the right to mine those minerals.
A landowner (who also applies for such a mining licence) is obliged to allow the licence holder onto his property and refrain from interfering with mining activities.
Earlier this year the Supreme Court of Appeal decided that old order owners were not entitled to compensation from the state because, among other things, minerals belong to the whole country and the minister has the power to decide who should exploit them to the benefit of all of the people.
Agri SA applied for permission to appeal this decision in the Constitutional Court.
The fact that Mogoeng had now said the Constitutional Court will hear oral argument could be regarded as a first hurdle overcome by Agri SA.
Had the Constitutional Court decided there was no merit in an application to appeal, it would have been summarily rejected without any oral argument.
Mogoeng ordered that written heads of argument be submitted to him by Agri SA before September 11 and by Shabangu before September 25, in preparation for the hearing of oral arguments.
The ultimate decision by the Constitutional Court will be the final word on the issue as leave to appeal is not possible.
– Sake24
