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
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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
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