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Meepo v Kotze and Others 2008

Country/Territory
South Africa
Type of court
National - higher court
Date
Jun 29, 2007
Source
UNEP, InforMEA
Court name
Northern Cape High Court
Judge
Lacock and Olivier
Reference number
869/2006
Language
English
Subject
Land & soil, Mineral resources, Legal questions
Keyword
Land-use planning Land tenure Access right Mining Foreign land tenure
Abstract
One of the principle issues that the court was asked to consider in the Meepo case was whether proper consultation had taken place in the grant of the mineral rights. In other words, had the applicant consulted properly with the surface rights owner as is required under the the Mineral and Petroleum Resources Development Act 28 of 2002 (‘the MPRD Act’)? The court looked at the meaning of section 5(4)(c) of the MPRDA, which states that no person may prospect or mine without an environmental management plan (EMP), a valid prospecting or mining right and unless he has notified and consulted with the landowner or lawful occupier of the land in question. The court held that the duty to notify and consult properly with the landowner did exist as in the words of the court: "In our view the consultative process envisaged in Section 5(4)(c) of the act is intended to afford a landowner the opportunity of ' softening the blow' inevitably suffered as a consequence of the granting of a prospecting or other right under the act. This is the only means afforded in the MPRDA to a landowner to protect his rights as such borrowing the mechanisms for the resolution of disputes referred to above". The court further stated that: "We are accordingly of the view that by the enactment of Section 5(4)(c) of the MPRDA the legislature intended that post the grant of a prospecting right and before the commencement of prospecting activities on any land which is the subject of such prospecting right, proper notice of the intention to enter the land for purposes of prospecting should be given to the landowner followed by a consultative process".
Full text
COU-159331.pdf