PAYING THE PIPER (IN ABSENTIA) SFF Association v Xstrata 2011 JDR 0407 (GSJ)
نویسندگان
چکیده
This decision focused on the impact of Mineral and Petroleum Resources Development Act (28 2002, hereinafter “MPRDA”) an old-order mining right (based upon a mineral lease) which had been converted into in terms transitional arrangements Schedule II MPRDA. In particular, court held that consideration form (contractual) royalty, as provided for lease, remains payable conversion by its former holder (miner) to grantor common-law right. The outcome decision, namely, continued liability contractual royalties, has far-reaching consequences such holders rights. Continued would result double payment royalties miners. is because under new dispensation, statutory can be imposed state (s 3(1)(b) MPRDA) were became commencement Royalty 2008) 1 March 2010. From said date, this If correct, it taken one step further. Owing receipt rights not have suffered expropriation property virtue provisions MPRDA purposes item 12(1) theMPRDA. Such place if duties pay indeed terminated cessation (as possible claim, see further, Badenhorst Mostert Law South Africa 2004 (Revision service 7) 25–53). These will explained more detail discussion well correctness or decision. I written about acquisition, nature, content, transfer loss old order before (see “The Make-up Transitional Rights Minerals: Something Old, New, Borrowed, SomethingBlue …? 2011 4 SALJ 763–784) reader referred. sheds light topic.
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ژورنال
عنوان ژورنال: Obiter
سال: 2021
ISSN: ['1682-5853', '2709-555X']
DOI: https://doi.org/10.17159/obiter.v33i2.12171