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The case for community consent as a requirement for the award of mining licences in South Africa
Mini Dissertation (LLM)--University of Pretoria, 2017.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613627449606144 |
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| access_status_str | Open Access |
| author2 | Gerber, Leonardus J. |
| author_browse | Gerber, Leonardus J. |
| author_facet | Gerber, Leonardus J. |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65719 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:09.096Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/65719 The case for community consent as a requirement for the award of mining licences in South Africa Gerber, Leonardus J. tshepo.sebola@live.com Sebola, Tshepo UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. Mining is a capital intensive economic activity that is invasive to the environment and requires skilled labour. As a result of potentially significant changes to the immediate area, communities in close proximity to the mining operations are often some of the most affected stakeholders. Accordingly, the Mineral and Petroleum Resources Development Act 28 of 2002 requires companies to consult with communities when applying for mining rights. The Xolobeni Mineral Sands Project is a proposed mining project located in Xolobeni in the Eastern Cape in South Africa. The project is proposed by Mineral Commodities (MRC). MRC has partnered with a local company called Transworld Energy and Minerals Resources. On 14 July 2008 the Director-General of the DME granted a mining right to TEM despite on-going community resistance to the proposed mining project. The AmaDiba Crisis Committee was subsequently established by villagers of Xolobeni to confront the development of the mining project. Indications are that the community would prefer eco-tourism to be established in the area, in lieu of mining activities. The legal regime in South Africa only requires a mining company to consult with affected communities before a mining right can be granted. The respective mining right can be granted despite apparent opposition to the operations by communities. Conversely, communities in Argentina and Peru have been able to successfully fend off proposed mining projects from taking place. Communities in Peru were able to successfully oppose the Tambogrande mining project from proceeding. The proposed project would have destroyed the agricultural economy that had been around in the area for decades. The Esquel Gold Project in Argentina is another project that was not developed due to community reservations regarding the way mining would affect the tourism industry in the area. Accordingly, this research aims to examine the role of community consent in mitigating or aggravating unrest at mine sites in South Africa. The findings suggest that certain lacunae exist in the current South African legislative regime, which in turn frustrates the relationship between mining operations and neighbouring communities. As such, certain recommendations are suggested which may assist in rectifying these oversights. Public Law LLM Unrestricted 2018-07-16T07:56:16Z 2018-07-16T07:56:16Z 2018/04/17 2017 Mini Dissertation Sebola, T 2017, The case for community consent as a requirement for the award of mining licences in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65719> A2018 http://hdl.handle.net/2263/65719 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The case for community consent as a requirement for the award of mining licences in South Africa |
| title | The case for community consent as a requirement for the award of mining licences in South Africa |
| title_full | The case for community consent as a requirement for the award of mining licences in South Africa |
| title_fullStr | The case for community consent as a requirement for the award of mining licences in South Africa |
| title_full_unstemmed | The case for community consent as a requirement for the award of mining licences in South Africa |
| title_short | The case for community consent as a requirement for the award of mining licences in South Africa |
| title_sort | case for community consent as a requirement for the award of mining licences in south africa |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65719 |