nkp latest, page-13

Agri SA vs DMR just out---as predicted con court gave an unambiguous support to traditional and disadvantaged land holders and lashes against sequestration of mineral rights---- fully supporting MPRDA----and says that MPRDA had good transitional arrangements: here's part of the release

In a majority judgment written by Mogoeng CJ the Constitutional Court held that, while the MPRDA deprived Sebenza of its coal rights, the deprivation did not rise to the level of expropriation at the time of the commencement of the MPRDA. This conclusion was supported by transitional arrangements which painstakingly protect pre-existing mineral rights and improved security of tenure; as well as the objects of the MPRDA to facilitate equitable access to the mining industry, promote sustainable development of South Africa’s mineral and petroleum resources and to advance the eradication of all forms of discriminatory practises in the mining sector. The appeal was therefore dismissed.

Note the words "transitional arrangements which painstakingly protect pre-existing mineral rights and improved security of tenure; as well as the objects of the MPRDA to facilitate equitable access to the mining industry, promote sustainable development of South Africa’s mineral and petroleum resources and to advance the eradication of all forms of discriminatory practises in the mining sector"


Multinational s like Anglo do not like making a fool of themselves and will not argue a case where they have zero chance --especially when the other party is the state---so there goes Anglos PAJA paper snake.


Full judgement available at
http://41.208.61.234/uhtbin/cgisirsi/20130418102823/SIRSI/0/520/J-CCT51-12A