African Mining July - August 2019 | Page 35

Risk Management Communities and workers around Africa are demanding better treatment and a bigger cut of the pie. This particular decision qualifies the power of the minister, as described in law, and goes against the various principles established under mining law in South Africa. In terms of the country’s Mineral and Petroleum Resources Development Act (MPRDA), the state has always been the custodian of South Africa’s mineral wealth. Mining rights are granted subject to the technical capabilities and financial www.africanmining.co.za JULY - AUGUST 2019 AFRICAN MINING resources of the applicant. On top of that, as part of the application, the applicant has to consult with the land owner to find middle ground if need be and agree on compensation if the mining activities are unduly invasive as far as the owner’s use of the land is concerned. The Xolobeni judgment turns this around, making the mining activity subject to the full and informed consent of the community (which 33