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Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder
This dissertation examines the conflict between landowners and rights holders under the Mineral and Petroleum Resources Development Act (MPRDA). The MPRDA empowers the minister to grant prospecting rights, impacting landowners' rights. While compensation is available for losses, delays in resolving...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2025
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| _version_ | 1867613236111605760 |
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| access_status_str | Open Access |
| author | Tsosane, Lelapa |
| author2 | Mostert, Hanri |
| author_browse | Mostert, Hanri Tsosane, Lelapa |
| author_facet | Mostert, Hanri Tsosane, Lelapa |
| author_sort | Tsosane, Lelapa |
| collection | Thesis |
| description | This dissertation examines the conflict between landowners and rights holders under the Mineral and Petroleum Resources Development Act (MPRDA). The MPRDA empowers the minister to grant prospecting rights, impacting landowners' rights. While compensation is available for losses, delays in resolving disputes may stall prospecting operations. The dissertation argues that the current framework does not balance the conflicting interests of the landowner and the right holder adequately. It suggests that the compensation mechanism under section 54 of the MPRDA does not address the effects of delays on the mineral right holder's interests. It further discusses the effects of landowner's hindrance of prospecting operations through refusal of entry and denial of access, which ultimately impact the State's objectives under the MPRDA. Thus, this dissertation recommends a compensation agreement with set time limits for negotiation and dispute resolution between landowners and applicants for prospecting rights. This recommendation offers a nuanced and timebound solution for fair enforcement and better balancing of conflicting interests under the MPRDA. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/41373 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:56.154Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/41373 Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder Tsosane, Lelapa Mostert, Hanri Cramer, Richard Henry landowners rights holders Petroleum Resources Development Act MPRDA This dissertation examines the conflict between landowners and rights holders under the Mineral and Petroleum Resources Development Act (MPRDA). The MPRDA empowers the minister to grant prospecting rights, impacting landowners' rights. While compensation is available for losses, delays in resolving disputes may stall prospecting operations. The dissertation argues that the current framework does not balance the conflicting interests of the landowner and the right holder adequately. It suggests that the compensation mechanism under section 54 of the MPRDA does not address the effects of delays on the mineral right holder's interests. It further discusses the effects of landowner's hindrance of prospecting operations through refusal of entry and denial of access, which ultimately impact the State's objectives under the MPRDA. Thus, this dissertation recommends a compensation agreement with set time limits for negotiation and dispute resolution between landowners and applicants for prospecting rights. This recommendation offers a nuanced and timebound solution for fair enforcement and better balancing of conflicting interests under the MPRDA. 2025-04-09T08:42:10Z 2025-04-09T08:42:10Z 2024 2025-04-08T12:30:29Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/41373 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | landowners rights holders Petroleum Resources Development Act MPRDA Tsosane, Lelapa Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder |
| thesis_degree_str | Master's |
| title | Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder |
| title_full | Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder |
| title_fullStr | Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder |
| title_full_unstemmed | Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder |
| title_short | Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder |
| title_sort | dispute resolution under section 54 of the mprda an imbalance of conflicting interests of the landowner and the right holder |
| topic | landowners rights holders Petroleum Resources Development Act MPRDA |
| url | http://hdl.handle.net/11427/41373 |
| work_keys_str_mv | AT tsosanelelapa disputeresolutionundersection54ofthemprdaanimbalanceofconflictinginterestsofthelandownerandtherightholder |