The Law Of General Application

1414 WordsDec 14, 20166 Pages
Section 25(2) of the Constitution states that: Property may be expropriated only in terms of a law of general application, (a) For a public purpose or in the public interest; and (b) Subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court. The state plays a very important role in expropriation of property and in AGRI SA v MINISTER FOR MINERALS AND ENERGY 2013 (4) SA 1 (CC) The facts of the case were that “Sebenza (Pty) Ltd bought coal rights from the liquidators of Kwa-Zulu Collieries (Pty) Ltd for R1 048 800 on 2 October 2001 and registered them in its name. S was not the owner of the land on which the coal was located. [14] On 1 May 2004 the MPRDA came into effect. S became the holder of an unused old order right on that date. This happened in terms of item 8 of schedule II to the MPRDA. Unused old order rights were in force for a period of one year after commencement. As the holder of an unused old order right, S had the exclusive right to apply for a prospecting or mining right under the MPRDA within a year. [15] …S was not in a position to pay the fees required to apply for and secure the authorisation to prospect for, or a permit to mine the coal in terms of the Minerals Act. The same situation persisted even under the MPRDA. Liquidation proved to be the only viable option Sebenza had. And that is the route it took. Its liquidators attempted to sell its

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