Duelling prospecting rights: a non-custodial second?

This decision of the Northern Cape division dealt with competing "old order prospecting rights" and prospecting rights in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). The decision represents an important contribution to the resolution of tensions between the old mineral law order and the new regime of Act 28 of 2002

Status of tailings dumps : let D5s go working in the past?

It was decided in the De Beers v Ataqua Mining (Pty) Ltd that \u27\u27tailings dumps\u27\u27 created by mining companies before the Mineral and Petroleum Resources Development Act, 28 of 2002 (&quot;the MPRDA&quot;) came into operation are not governed by its provisions because such dumps are not &quot;residue stockpiles&quot; or &quot;residue deposits&quot; for purposes of the MPRDA. Ownership of tailings dumps is determined by the common law principles of accession. Ownership of a movable dump has to be transferred by one of the recognised forms of delivery of movables. Processing of these dumps will, however, still be subject to compliance with South African environmental, health and safety laws in general. It is submitted that mine dumps or tailings dumps created upon the exercise of &quot;old order mining rights&quot; before the commencement of the MPRDA and even after commencement of the MPRDA until eventual termination of the &quot;old order mining rights&quot; are not subject to the extensive, mining, environmental, empowerment provisions of the MPRDA. Termination of &quot;old order mining rights&quot; takes place upon: (i) refusal of an application for conversion of a mining right during (or even after) the period of transition, (ii) conversion into and registration of new order mining rights during (or even after) the period of transition or (iii) termination of unconverted &quot;old order mining rights&quot; on 30 April 2009. To the extent that this decision has made it possible to embark on a shorter and less cumbersome route in the reprocessing and eventual disappearance of most tailings dumps, it is to be welcomed from an economical, environmental, job creation and aesthetic perspective. Proposed amendments to the MPRDA to undo the impact of the De Beers decision should be carefully considered against these mentioned benefits and a possible finding that it may amount to an expropriation without compensation. <br /

Post-apartheid Pretoria: Verskuiwings in die sosio-ruimtelike landskap, 1996-2001

The article examines shifts in population and related social phenomena in the functional area of Greater Pretoria, presently known as City of Tshwane Metropolitan Municipality. The study was based on data from the 1996 and 2001 national censuses. It was found that blacks have moved into the former ‘white’ neighbourhoods, albeit not in equal measure and that their movement mainly follows the route of least resistance through the older, lower income areas to the west of the city centre. Although a number of formerly ‘white’ neighbourhoods became predominantly ‘black’ in the period of study, overall segre gation levels have in fact increased slightly. Peripherally located black townships remained exclusively black and through their extension, old apartheid patterns became even futher entrenched. Distinct core areas are in the process of taking shape with high income, pre dominantly white neighbourhoods, moving further away in a south easterly direction. Also evident was a large scale redistribution of concomitant social phenomena such as household incomes, skills levels and unemployment.*Article written in Afrikaan