The crux of the question wheter the MPRDA caused expropriation is answered by this part:
"[88] Section 25 provides the constitutional norm when pre-existing property is taken away and distributed or allocated under a new legal dispensation. As explained in FNB, section 25 seeks to balance existing rights with the public interest. That is also what the MPRDA seeks to do, albeit not in the form of monetary compensation. The balance consists in ensuring the continuation of a substituted form of the pre-existing right for a limited period of time within which the pre-existing rights holder has the exclusive right to convert this into MPRDA rights. For convenience this can be called ‘compensation in kind’. It seems to me that interpreting the MPRDA on the basis that its ‘compensation in kind’ should be read as giving alternative legislative content to the just and equitable compensation provision for expropriation in section 25(3) of the Constitution is justified. In my view it is the interpretation that will give best effect to the dictates of section 25. It will be an acknowledgement that pre-existing rights have been taken away to be allocated by the state under a new legal dispensation, but that the Legislature has attempted to compensate for the loss in a just and equitable manner"
IMHO This essentially means that the transitional arrangements (1 year to renew unitilised rights) provided by the MPRDA are vieweved by the constitutional court to be equitable to a 'compensation in kind'---Pertinent to Nkwe, Anglo squandered this compensation in kind by not renewing its rights in time
IMHO Another Nail on the Anglo cases coffin is: "[73] The MPRDA constitutes a break through the barriers of exclusivity to equal opportunity and to the commanding heights of wealth-generation, economic development and power. It seeks to address the injustices of the past in the economic sector of our country in a more balanced way, by treating individual property rights with the care, fairness and sensitivity they deserve"
NKP Price at posting:
7.9¢ Sentiment: Buy Disclosure: Held
