Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder

Tsosane, Lelapa

Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder

Thesis / Dissertation

2024

Abstract

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.