Abstract:
This mini-dissertation relates to the mode of ownership of the country’s natural, mineral
and petroleum resources, their contribution to the economy, the Growth Domestic
Income and the overall role played by these resources to better the lives of the ordinary
citizens and their impact on the socio economic circumstances in general. In terms of
the previous mining legislation in South Africa, mineral rights were held privately and in
some instances by the state. Following the 1994 democratic breakthrough, the Mineral
and Petroleum resources Development Act now vests the ownership of mineral rights in
the state as the custodian and owner on behalf of the people of South Africa and the
mineral resources are the common heritage of the people. The vesting of the mineral
rights does not however interfere with the right to private ownership of property which is
expressly guaranteed by the property clause in the constitution. The new Mining
legislative regime with specific and particular reference to the Mineral and Petroleum
Resources Development Act and National Environmental Management Act are
precisely paced to ensure optimal exploitation of natural resources while promoting
sustainable development.
