Nationalisation : the nationalisation enquiry in light of Section 25 of the South African Constitution

LL.M.This is the exploration of the topic of nationalisation of the country’s mines and mineral wealth. The discussion studies the impact of the Minerals and Petroleum Resources Development Act 28 of 2002 (hereafter referred to as the MPRDA) and other relevant legislation on the nationalisation discussion. Ultimately the discussion examines whether nationalisation finds any support within the South African Constitution or not. The discussion begins with a study of the history of mining and minerals rights; an exploration is then undertaken on the meaning of property and whether mineral rights can be understood to mean property. The discussion then progresses to the study of the relevant provisions of section 25 of the South African Constitution in an effort to determine whether nationalisation is justifiable in terms of the South African Constitution. What is largely considered in this case are the recent findings of the Agri South Africa v Minister for Minerals and Energy 2013 4 SA 1 CC case as well as other relevant and emerging case law on the subject matter