Are stockpiles (mine dumps) created prior to 2004 movables that can be sold?

According to Roman – Dutch law, the owner of immovable property would own the whole of the land, including the air space above the surface and everything below it. In terms of South African common law (which is based on Roman – Dutch law), transfer ownership is affected by way of an agreement of sale and compliance with the requisite statutory formalities.

In a 2006 Bloemfontein High Court case (De Beers Consolidated Mines Ltd v Ataqua Mining Pty Ltd and others (3215/06) [2007] ZAFSHC 74), this Roman – Dutch concept of ownership and its impact on agreements of sale (especially of movable property), was challenged in relation to its application to the mining industry specifically. This was specifically considered in terms of the ownership and transferability of stockpiles which were created before the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”).


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