The wise and all knowing government of the republic of South Africa has given themselves sole and unassailable custodianship of the mineral rights of the country, including the salt on the sea shore.\u00a0 They have gone too far.<\/p>\n
The President, in explaining the way things are, says that the UN says it’s the only way to go:<\/p>\n
The 1998 White Paper on Minerals and Mining enunciated the international norm of vesting custodianship of mineral right to State as articulated in Article (2)(1) of the United Nations (UN) Charter of Economic Rights and Duties of States, granting states full permanent sovereignty, including possession and disposal over all its natural resources. This position is further supported by the Constitution of South Africa (SA) in terms of which the state is bound to take legislative and other measures to enable citizens to gain equitable access to rights in land.<\/p>\n
The Mineral and Petroleum Resources Development Act 2002 (MPRDA), as promulgated in May 2004, gives effect to the notion of state custodianship of mineral rights.<\/p><\/blockquote>\n
Lisa Chamberlain of Wits says it’s taking away:<\/p>\n
\u201cThe new law (which takes mineral rights away from landowners and puts them under the minister\u2019s care) is the product of an extensive process of consultation to end the discriminatory system related to mineral rights that are in private hands. The old system was characteristic of the apartheid mining industry.\u201d<\/p><\/blockquote>\n
This all is in conflict with the words of Jesus, who allocates the rights to the land owner:<\/p>\n
The kingdom of heaven is like treasure hidden in a field, which a man found and covered up. Then in his joy he goes and sells all that he has and buys that field.<\/p><\/blockquote>\n
Imagine that parable adapted for modern notions of law:<\/p>\n
The kingdom of heaven is like a treasure hidden in a field, which a man found, and covered up.\u00a0 Then, in his joy, he sold all he had, an bought that field, and applied for mining rights, but these rights were granted to someone with government connections.\u00a0 That someone came with a bit of paper signed by a government official and took the treasure from the owner, and threw him into the outer darkness of the big hole they left, saying “fill it in yourself”.<\/p><\/blockquote>\n
It ain’t right.<\/p>\n","protected":false},"excerpt":{"rendered":"
The wise and all knowing government of the republic of South Africa has given themselves sole and unassailable custodianship of the mineral rights of the country, including the salt on the sea shore.\u00a0 They have gone too far. The President, … Continue reading