land rights

Major precedent set for communities affected by mining

On Thursday, the Constitutional Court of South Africa ruled in favour of communities arguing for a bigger say in mining decisions.

Members of the Lesetlheng community in North West were granted an appeal to an eviction notice that was previously approved by the North West High Court in 2017. It would have seen 13 families evicted from their farmland to make way for a mining project of Bakgatla Mineral Resources and Pilanesburg Platinum Mine (PPM).

Land commission reversed after “monumental, unmitigated” breach of natural justice

 

Read the judgment here

 

THE case, brought by the Kenya Reinsurance Corporation (KRC), puts the spotlight on a decision by the National Land Commission, with the court ultimately holding that the commission violated the rules of natural justice and that its decision has to be set aside.

The Complexity of Land Expropriation

THE case that initially sparked all the trouble involves a property developer and members of an extended family clan that used to live on the site where the development is taking place.

The disputed land lies in Ongwediva, part of Namibia’s remote, far north, an area where communal land rights are a hot issue and where the country’s ruling party has its stronghold. It’s also an area ripe for development.

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