This dissertation envisages the investigation and determination of the possible
correlation between the two phenomena, state custodianship and trusteeship with
specific reference to land trusts. Custodianship, as captured in the Mineral and
Petroleum Resources Development Management Act 28 of 2002, and trusteeship,
as embodied in the South African Development Trust legislation, being the Native
Trust and Land Act 18 of 1936; the Ingonyama Trust Act 3 of 1994 as enacted by the
KwaZulu Legislature on the 24th of April 1994, amended with the status of a national
Act (provincial Act) in 1997, and re-enacted [by the RSA Parliament] as the
KwaZulu-Natal Ingonyama Trust Act 3 of 1994, and the National Water Act 54 of
1956, all confer upon a certain body, the fiduciary obligation to hold, protect and
manage certain resources in the interest of a particular designated group of people.
The objective of this study is, therefore, to analyse the trust notion as it functioned in
terms of the SADT legislation, ITA and the NWA, and compare it to the novel
concept of custodianship as it emanates from the MPRDA in order to determine the
inherent similarities and differences as well as the implications thereof. This will
assist in determining the true nature and impact of the notion of state custodianship
as introduced by the MPRDA. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/15402 |
| Date | January 2014 |
| Creators | Marumo, Lebogang Mothusi |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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