South Africa entered a new era on 1 May 2004 with the commencement of
the Mineral and Petroleum Resources Development Act 28 of 2002
(hereafter the MPRDA). Section 3 states that the mineral and petroleum
resources are the common heritage of all South Africans. Due to the fact
that a new era of mineral rights has been introduced, it is necessary to
investigate the effect of the new Act on the process of estate planning.
This study is focused to determine which of the rights found in the MPRDA
can be classified as assets in an estate, and which of these rights should be
discounted for in the process of estate planning that is focused on the
inheritance of assets. The study firstly deals with the mineral rights as
property in terms of section 25 of the Constitution. After a brief synopsis
has been given of the old order mineral rights, the focus falls on the nature
and transferability of the new order mineral rights and the implications that
the said rights have on the process of estate planning. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.
| Identifer | oai:union.ndltd.org:NWUBOLOKA1/oai:dspace.nwu.ac.za:10394/4881 |
| Date | January 2010 |
| Creators | Stassen, Hettie |
| Publisher | North-West University |
| Source Sets | North-West University |
| Detected Language | English |
| Type | Thesis |
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