Staff profile - Pieter Badenhorst

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Aprof Pieter Badenhorst

Position: Associate Professor
Faculty or Division: Faculty of Business & Law
Department: School of Law
Campus: Geelong Waterfront Campus
Phone: +61 3 52272138 +61 3 52272138
Email: pieter.badenhorst@deakin.edu.au

Biography

Biography

Pieter Badenhorst is an Associate Professor of Law at Deakin University. He graduated from the University of Pretoria with the degrees of BLC and LLB. He obtained LLM degrees from the University of the Witwatersrand and Yale University, respectively, and a LLD from University of Pretoria in 1992. His thesis was on South African Mineral law in terms of the Doctrine of Rights. Prior to moving to Australia he was for many years Professor and Head of the Department of Private law at the University of the North and the Nelson Mandela Metropolitan University.
Associate Professor Badenhorst is the author and/or co-author of six books and over 112 articles in South African, Australian and International law journals. His main work is in the area of Mineral law and Property law.


Qualifications

  • Doctor of Legum (Private Law), University of Pretoria (Sth Africa), 1993
  • Master of Laws, University of Witwatersrand (Sth Africa), 1985


Academic

Teaching Interests

Property law

Mineral law


Subjects and units currently teaching

Land Law

Property Law


Conferences and seminars

1. Large-scale Expropriation of Mineral Rights in South Africa: The Agri South Africa fiasco” at the Private law and Social Justice Conference held at the Nelson Mandela Metropolitan University on 20 August 2012
2. “Large Scale Expropriation of Mineral Rights in South Africa: The Agri South Africa saga” at the Private law and Social Justice Conference held at the Nelson Mandela Metropolitan University on 23 August 2011.
3.  “The application of the prior in tempore potior in iure-rule in land registration?” at the Private law and Social Justice Conference held at the Nelson Mandela Metropolitan University on 25 August 2009.
2.  “Nature of Rights to Minerals in the MPRD Act: some preliminary thoughts” at the Property Law Teachers Conference held at the University of Johannesburg during November 2005
3. “The Pitfalls of the transitional arrangements in the Minerals Act: are they really going to work?” during the Mining Law Update 2003. Seminar held at the Johannesburg International Airport on 24 June 2003 by the Institute for International research.
4.  “The link between the Property clause and the Mineral and Petroleum Resources Development Act” on 4 July 2003 in Potchefstroom at the “Conference of the Bill of Rights after seven years”, organized by the FW De Klerk Foundation, the National Human Rights Trust and the Faculty of Law of  the University of  Northwest.
5. “Beskerming van mineraalregte: ‘n Satyagraha? (Protection of mineral rights: a Satyagraha?) on 27 September 2001 during the Property law seminar held at the University of Potchefstroom, Potchefstroom.
6. "Essentialia van 'n mineralehuurkontrak" (Essential elements of a mineral lease) on 14 August 1996 during the Property law seminar held at the University of South Africa, Pretoria.
7. "Enkele opmerkings na aanleiding van die moderne Suid-Afrikaanse Onteieningsreg" (A few comments regarding modern South African Expropriation law) on 6 April 1995 during a meeting of the Vereniging van Onteigenings-Advocaten of the Netherlands at the Victoria Hotel, Amsterdam.
8. "Artikel 5(1) van die Mineraalwet 50 van 1991: 'n Herformulering van die houer van ontginningsregte se gemeenregtelike bevoegdhede?" (Section 5(1) of the Minerals Act  50 of 1991: a reformulation of the entitlements of the holder of mineral rights in terms of the common law) on 11 June 1993 during the annual Property law seminar held at the University of South Africa, Pretoria.
9. "Real rights" on 10 July 1991 during the annual congress of the Society of University Teachers of law held at the University of Pretoria, Pretoria.
 

Publications

Publications

  • Conversion of jointly-held old order mining rights: an all and nothing ruling? Minister of Mineral Resources of the RSA v Sishen Iron Ore (394/12) [2013] ZASCA 50 (28 March 2013) 2014 (77) Journal of Contemporary Roman Dutch law 145-155 (with NJJ Olivier).
  • Security of mineral tenure in South Africa: Carrot or stick? 2014 (32.1) Journal of Energy & Natural Resources Law 5-40.
  • Towards a theory on publically-owned minerals in Victoria (2014) 22 Australian Property Law Journal 157-186.
  • Onteiening van onbenutte ou-orde regte: Het iets niets geword? Agri South Africa v Minister of Minerals and Energy (2013 (4) SA 1 (CC)” 2014 (78) Journal of Contemporary Roman Dutch law 313-333.
  • Badenhorst  'Large-scale Expropriation of Mineral Rights in South Africa: The Agri South Africa fiasco” (2012) Australian Resources and Energy Law Journal.
  • Badenhorst "Large scale Expropriation of Mineral Rights in South Africa: The Agri South Africa saga" (2011) 30 Australian Resources & Energy Law Journal 261-272.
  • Badenhorst “Publicly owned minerals: Let the truth be spoken - Cadia Holdings Pty Ltd v State of New South Wales [2010] HCA 27” 2012 De Jure 605-623
  • Badenhorst "The Make-up of Transitional Rights to Minerals: Something Old, Something New, Something Borrowed, Something Blue...? (2011) South African Law Journal 763-784.
  • Badenhorst "Ownership of minerals in situ in South Africa: Australian darning to the rescue?" (2010) South African Law Journal 646.
  • Badenhorst, Mostert and Dendy "Mining and Minerals" volume 18 Law of South Africa (2nd edition) Butterworths (2007)
  • Badenhorst, Pienaar and Mostert Silberberg and Schoeman's The Law of Property 4th and 5th edition Butterworths (2003) and (2006).
  • Badenhorst and Mostert Mineral and Petroleum Law of South Africa: Commentary and Statutes Juta (2004).


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