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Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa

Mini Dissertation (LLM)--University of Pretoria, 2018.

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Other Authors: Gerber, Leonardus J.
Format: Thesis
Language:English
Published: University of Pretoria 2019
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access_status_str Open Access
author2 Gerber, Leonardus J.
author_browse Gerber, Leonardus J.
author_facet Gerber, Leonardus J.
collection Thesis
dc_rights_str_mv © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM)--University of Pretoria, 2018.
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:37:16.203Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2019
publishDateRange 2019
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publisher University of Pretoria
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spelling oai:repository.up.ac.za:2263/69931 Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa Gerber, Leonardus J. u12096629@tuks.co.za Mohwaduba, Mathabo Miranda UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. The year 2018 marks 63 years since the Freedom Charter, and 8 years since the 2010 position paper of the African National Congress Youth League (ANCYL) advocating for the nationalisation of mines. In 2016 the Economic Freedom Fighters (EFF) re-ignited furious fire from the embers of the Freedom Charter calling for the nationalisation of key industries, including mining, as a means of enabling the people in sharing in the country’s wealth. The British colonisation of South Africa and later the coming into force of Apartheid shared the common foundation of tactically architectured discrimination towards black persons. The black population of South Africa was purposely excluded from participating as key role players in the economy especially in major industries, such as mining, banking and insurance. Black people were strategically used as cheap labour to grow the colonial economic system through its “discovery” of mineral resources in Africa. The legacy of architectured black economic exclusion has unfortunately succeeded through the eras and the ugly stench of black economic injustice has permeated through the centuries and exists in present South Africa, crippling the economic emancipation and development of black people. The need for accessible information has become ever more important especially with the possible amendment of S 25, the property clause, of the Constitution of the Republic of South Africa, which may indirectly permit the expropriation of mineral rights. Furthermore, with the echoing calls for the nationalisation of mines in South Africa as a means to economic freedom for the previously, and I argue presently, disadvantaged the need for objective, elementary and accessible information in the field of resource nationalisation has become ever more important. This is what this paper aimed to accomplish, it aimed to reinforce the Constitutional right of access to information, as per S 32(1), in the scope of nationalisation as will be “required for the exercise or protection of…rights”. This paper was conducted through the methodology of a literature review of existing literature in the sphere of nationalism and nationalisation. Moving from the premise that South Africa employs resource sector nationalisation in the short term, despite findings that have rendered it unaffordable, this paper has suggested various mitigating factors and or alternatives to particular socio-economic considerations of resource sector nationalisation. The socio-economic considerations explored have been limited to labour, capital and environmental affairs. Public Law LLM Unrestricted 2019-06-02T11:39:30Z 2019-06-02T11:39:30Z 2019/04/04 2018 Mini Dissertation Mohwaduba, MM 2018, Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69931> A2019 http://hdl.handle.net/2263/69931 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa
title Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa
title_full Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa
title_fullStr Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa
title_full_unstemmed Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa
title_short Mitigating the socio-economic considerations of resource sector nationalisation : lessons for South Africa
title_sort mitigating the socio economic considerations of resource sector nationalisation lessons for south africa
topic UCTD
url http://hdl.handle.net/2263/69931