Abstract
The Sishen decision dealt with problems associated with the conversion in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) of an old order mining right, which was held jointly by two holders, into a new mining right. The MPRDA attempts in its transitional arrangements in Schedule II, and not always successfully, to provide, amongst other things, for the conversion of pre-existing common law mineral rights, prospecting or mining rights into new prospecting or mining rights. In the present context, the transitional arrangements do not expressly make provision for conversion where the pre-existing rights were vested in more than one holder at the same time. Subsequent patchwork to the MPRDA (the Mineral and Petroleum Resources Development Amendment Act 49 of 2008) does also not address the issue. Following the huge media attention received by the Sishen dispute, on account of the award (by the Department of Mineral Resources) of prospecting rights to an outsider mining company that was politically well-connected, new amendments to the MPRDA were promised by the Minister of Mineral Resources.
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