The Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002

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dc.contributor.advisorMostert, Hanri
dc.contributor.authorDavids, Mogammed Wafiq
dc.date.accessioned2025-11-07T07:36:04Z
dc.date.available2025-11-07T07:36:04Z
dc.date.issued2025
dc.date.updated2025-11-07T07:14:17Z
dc.description.abstractThis thesis compares South Africa's hydrocarbon regulatory provisions per the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) and the recently enacted Upstream Petroleum Resources Development Act 23 of 2024 (UPRDA). Reform of South Africa's hydrocarbon regulatory framework was prompted by natural gas discoveries in the offshore Outeniqua Basin and the Karoo's shale gas reserves. South Africa's emerging hydrocarbon sector signals opportunities for widespread socio-economic development. Thus, understanding the purpose and function of South Africa's hydrocarbon regulatory framework is crucial for navigating South Africa's emerging sector. The MPRDA and the UPRDA entrust hydrocarbon resources to the state for public benefit, compelling similar objectives for its regulation and exploitation. Regulatory objectives envisage transformation, sustainable development, and socio-economic development. However, while the MPRDA and the UPRDA have similar regulatory objectives, different approaches are deployed to achieve them. The question driving this thesis is how South Africa's hydrocarbon legal framework should be understood to advance public benefit. Both legislative pieces are examined textually and contextually to determine their meaning and application. This thesis argues that indigenous hydrocarbons can provide the socio-economic boost South Africa needs for the population to advance. However, the regulatory objectives contained in both legislative texts provide insight into what public benefit should be expected from domestic hydrocarbon exploration and production and must be supported when domestic hydrocarbon rights are granted to oil companies. The legal analysis conducted in this thesis concludes that the UPRDA places South Africa in a better regulatory position to achieve the regulatory objectives and realise the public benefits of hydrocarbon extraction
dc.identifier.apacitationDavids, M. W. (2025). <i>The Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002</i>. (). University of Cape Town ,Faculty of Law ,Centre for Law and Society. Retrieved from http://hdl.handle.net/11427/42139en_ZA
dc.identifier.chicagocitationDavids, Mogammed Wafiq. <i>"The Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002."</i> ., University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2025. http://hdl.handle.net/11427/42139en_ZA
dc.identifier.citationDavids, M.W. 2025. The Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002. . University of Cape Town ,Faculty of Law ,Centre for Law and Society. http://hdl.handle.net/11427/42139en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Davids, Mogammed Wafiq AB - This thesis compares South Africa's hydrocarbon regulatory provisions per the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) and the recently enacted Upstream Petroleum Resources Development Act 23 of 2024 (UPRDA). Reform of South Africa's hydrocarbon regulatory framework was prompted by natural gas discoveries in the offshore Outeniqua Basin and the Karoo's shale gas reserves. South Africa's emerging hydrocarbon sector signals opportunities for widespread socio-economic development. Thus, understanding the purpose and function of South Africa's hydrocarbon regulatory framework is crucial for navigating South Africa's emerging sector. The MPRDA and the UPRDA entrust hydrocarbon resources to the state for public benefit, compelling similar objectives for its regulation and exploitation. Regulatory objectives envisage transformation, sustainable development, and socio-economic development. However, while the MPRDA and the UPRDA have similar regulatory objectives, different approaches are deployed to achieve them. The question driving this thesis is how South Africa's hydrocarbon legal framework should be understood to advance public benefit. Both legislative pieces are examined textually and contextually to determine their meaning and application. This thesis argues that indigenous hydrocarbons can provide the socio-economic boost South Africa needs for the population to advance. However, the regulatory objectives contained in both legislative texts provide insight into what public benefit should be expected from domestic hydrocarbon exploration and production and must be supported when domestic hydrocarbon rights are granted to oil companies. The legal analysis conducted in this thesis concludes that the UPRDA places South Africa in a better regulatory position to achieve the regulatory objectives and realise the public benefits of hydrocarbon extraction DA - 2025 DB - OpenUCT DP - University of Cape Town KW - Hydrocarbon sector KW - South Africa KW - Mineral KW - Petroleum Resources Development Act LK - https://open.uct.ac.za PB - University of Cape Town PY - 2025 T1 - The Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002 TI - The Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002 UR - http://hdl.handle.net/11427/42139 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/42139
dc.identifier.vancouvercitationDavids MW. The Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002. []. University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2025 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/42139en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentCentre for Law and Society
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectHydrocarbon sector
dc.subjectSouth Africa
dc.subjectMineral
dc.subjectPetroleum Resources Development Act
dc.titleThe Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002
dc.typeThesis / Dissertation
dc.type.qualificationlevelDoctoral
dc.type.qualificationlevelPhD
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