REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA new order mining rights within five years (i.e. by 1 May 2009), and prospecting rights within two years (i.e. by 1 May 2006). Otherwise, these old order rights would be permanently extinguished. The MPRDA was subsequently amendment by virtue of the Minerals and Petroleum Resources Development Amendment Act, 2008253 which vests the Minister with discretionary powers to afford communities participation privileges in new prospecting and mining ventures and when authorising the conversion of old order mining rights. 481. Government has also launched a Settlement Implementation Support Strategy to provide post settlement support aimed at ensuring sustainability of land reform projects, including restitution projects. The new small-scale fishing policy will ensure the equality of traditional small scale fishers in their access to the marine resources. 482. The Policy for the Small Scale Fisheries Sector in South Africa was gazetted in June 2012. The policy aims to provide redress and recognition to the rights of small scale fisher communities in South Africa who were previously marginalised and discriminated against in terms of racially exclusionary laws and policies. The policy entrenches the principles of preferential access to small scale fishing communities who have traditionally depended on marine living resources for their livelihood. It adopts a multiple species approach in allocating fishing rights to small scale fishers, adopts a co-management approach to manage the sector and includes the integration of ecosystems and that the sustainability of the resource is not compromised. 483. Cases of note in the period under review include Maccsand (Pty) Ltd v City of Cape Town254 where the intersection between the MPRDA and National Environmental Management Act, 1998255 was considered in light of section 24 of the Constitution. The court confirmed the SCA decision that, where mining is not permitted by a zoning scheme, the holder of a mining right or permit cannot start to mine, unless and until the land is rezoned to allow mining. The court held that the MPRDA is intended to promote section 24 of the Constitution. 484. In Agri South Africa v Minister for Minerals and Energy256 the court considered whether or not the commencement of the MPRDA amounted to the expropriation of mineral rights from those who, prior to its enactment, were owners of mineral rights. The Court held that while the MPRDA deprived the applicant of its mineral rights, this deprivation did not amount to expropriation. Article 22: Rights to development 485. In 2009, South Africa adopted the Medium Term Strategic Framework (MTSF, 2009–2014) as its five-year statement of intent. The MTSF identifies the development challenges 253 Act No. 49 of 2008 2012 (7) BCLR 690 (CC) 255 Act No. 107 of 1998 256 2013 (4) SA 1 (CC) 254 132