- Georgius Agricola De Re Metallica (translation by H C Hoover & L H Hoover 1912) 82n6.
- White Paper on the Mineral Policy of the Republic of South Africa: Para. 1.8.
- Para. 1.9.
- See, for instance, Union Government (Minister of Railways and Harbours) v Marais 1920 AD 240 at 246.
- Blen Lloyd Stuart Franklin & Morris Kaplan The Mining and Minerals Laws of South Africa (1982) 7.
- Section 7(2)(a) read with s 25(2) of the Mining Rights Act 20 of 1967.
- Section 13 of the present Group Areas Act 36 of 1966. The Act applies to the whole of the Republic of South Africa, but does not include the ‘independent’ states such as the Transkei. The figure of 80 per cent may be low, as historians have generally given a figure of under 20 per cent of South Africa's land as having been set aside for Africans under the various land Acts: see, for instance, Merle Lipton Capitalism and Apartheid. South Africa 1910–1986 (1986) 18. The percentage also does not take account of newly ‘independent’ states (such as Venda) which would reduce the ratio of black to white land still further.
- Section 1 of the Group Areas Act, definition of ‘disqualified company’, read with s 13 of the Act.
- The restriction in question relates to ‘real rights’ in land (which normally include a ‘mineral right holding’). However mineral rights are specifically excluded: see the definition of ‘immovable property’ in s 1 of the Group Areas Act.
- Section 2 of the Mining Rights Act 20 of 1967.
- See the general clause of the 1872 diggers' regulations for the Marabastad goldfields, published in Staatscourant 447 of 12 November 1872.
- See, for instance, s 32(1) of Act 35 of 1908.
- Section 48(2)(a). The claim licence is the actual mining title, but is commonly referred to simply as a claim.
- Section 48(2)(b).
- Section 25(2).
- These areas are fixed under the Group Areas Act, thus preventing additional ‘white’ land from being purchased by blacks: see note 7.
- Section 2(1)(b).
- Section 61(4).
- Section 2 of the Precious Stones Act 73 of 1964.
- See, for instance, s 50 read with s 57 of the Precious Stones Act 44 of 1927, which had the effect of precluding Africans from pegging claims.
- Section 27(1) of the Precious Stones Act 73 of 1964.
- Section 27(3).
- Section 52.
- Section 2 of the Mining Rights Act 20 of 1967.
- Although mining titles in respect of ‘minerals’ are exempt from the Group Areas Act, it is submitted that, since oil is arguably not a mineral, oil mining leases are subject to its provisions.
- See Francis Wilson Labour in the South African Gold Mines 1911–1969 (1972) 7–8.
- Section 12(2)(a) of the Mines and Works Act 27 of 1956 read with reg 28 (and particularly reg 28.2.1) made in terms of the Act.
- The Mines and Works Amendment Bill (B 122–86(GA)), s4.
- See L V Kaplan The Development of Various Aspects of the Gold Mining Laws in South Africa from 1871 until 1967 (unpublished PhD thesis University of the Witwatersrand 1984) 524–5.
- Section 30(c) of Act 35 of 1908.
- Kaplan op cit 406, 421.
- At 495n25. See also the view of the Labour Party given in evidence to the State Mining Commission (UG 6-1917) 266.
- See Kaplan op cit note 29 at 415ff.
- At 530ff.
- See Proc 58 GG 1692 of 16 March 1928.
- Cited in D O'Meara Volkskapitalisme (1983) 51.
- Dwing Ons Goudmyne tot Nasiediens (1937) 2, a Nasionaal-Republikeinse Eenheidsfront publication.
- House of Assembly Debates 14 April 1959 cols 3878–9.
- House of Assembly Debates 31 August 1948 col 1205.
- Rand Daily Mail 7 June 1949.
- Lipton op cit note 7 at 235.
- This is the mining conducted at the state alluvial digging at Alexander Bay, referred to in note 35. Other state diamond operations are to be found along the Orange River: see Mineral Resources of the Republic of South Africa Department of Mines (1976) 25.
- ISCOR mines coal at five collieries, Durnacol, Hlobane, Grootgeluk, Coastal Coal and Tshikondeni; iron ore at Sishen and Thabazimbi; zinc and lead at Rosh Pinah; tin at Uis; dolomite at Glen Douglas and Mooiplaas; refractory sand at Fortsig; and quartzite at Donkerhoek. See ISCOR 1986 Annual Report 18.
- SASOL (until recently wholly state-owned, but now controlled by the state through its majority shareholding) owns two collieries, Secunda and Sigma. In addition, the major phosphate mine in South Africa is owned by FOSKOR, a state enterprise. Also, state mining for dimension stone is conducted in the Western Transvaal: see Mineral Resources of the Republic of South Africa note 42 at 135.
- The Penguin Dictionary of Economics (1977) 174.
- Ibid.
- See Kaplan op cit note 29 at 514ff.
- New Nation 9–21 May 1986.
- Ibid.
- Ibid.
- The Star 30 December 1984.
- The Star 17 February 1986.
South African Journal on Human Rights
Volume 3, 1987 - Issue 2