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Article

22 Nov 2018

Author:
Alex Mitchley, News 24

High Court rules in favour of Eastern Cape community in historic mining rights case

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The minister of mineral resources will have to obtain full and formal consent from the Xolobeni community prior to granting mining rights, the North Gauteng High Court ordered on Thursday.  The Amadiba Crisis Committee launched a court battle against the Department of Mineral Resources and Australian company Transworld Energy and Mineral Resources (TEM) over mining rights earlier this year.  TEM...had filed an application for rights to mine the titanium-rich sands at the Umgungundlovu area of Xolobeni on the Wild Coast.

In her judgment, Judge Annali Basson declared that the mineral resources minister must obtain consent from the community, as the holder of rights on land, prior to granting any mining right to TEM...[S]he stated that while the informal rights of customary communities were previously not protected by law, they now had the right to decide what happens with their land...

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