Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
An analysis of the legal implications of consultation vs consent in South Africa’s mineral rights regime
Mini Dissertation (LLM)--University of Pretoria, 2020.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Published: |
University of Pretoria
2021
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613543907459072 |
|---|---|
| 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 | © 2021 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, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/82508 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:37:49.734Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| 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:2263/82508 An analysis of the legal implications of consultation vs consent in South Africa’s mineral rights regime Gerber, Leonardus J. Tshitanda, Masala UCTD Mini Dissertation (LLM)--University of Pretoria, 2020. On 22 November 2018, the High Court in Pretoria handed down a ground-breaking judgement in the Baleni and Others v Minister of Mineral Resources and Others (Baleni case). In casu the court held that, the Minister of Mineral Resources must obtain full and informed consent of the Baleni community prior to granting a mining right in terms of the Mineral and Petroleum Resources Development Act of 2002. It further held that consultation does not suffice; rather the community must be given an opportunity to consent before being deprived of their land. This case highlighted a dilemma within the extractive industry in South Africa which affects landowners. In most cases, like in the case of Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Ltd and Another (Maleducase), affected rights holder is only requested to make inputs on the environmental authorisation process, and at worst, only finds out about the mining authorisation once the deal has been done, during the eviction process (when they are requested to relocate). This study submits that there is a need within the mineral sectors to craft a fair balance between national interests, corporate interests and those of affected communities. In doing so, the affected communities must be given great stake. This is because, with the extractive industry projects taking place, people who suffer the most is the community/landowner whose land is affected or eroded directly as a result of such projects and whose resource rights is questionable. Therefore landowners’ voices must be heard and taken into cognisance before the granting of a mining right and prior commencement of the projects. A right to veto over mining projects will result in landowners being informed of the mining projects in a timely manner and be given an opportunity to approve the projects before commencement of the operations. Public Law LLM Unrestricted 2021-11-02T10:19:48Z 2021-11-02T10:19:48Z 2021 2019 Mini Dissertation * A2020 http://hdl.handle.net/2263/82508 © 2021 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 An analysis of the legal implications of consultation vs consent in South Africa’s mineral rights regime |
| title | An analysis of the legal implications of consultation vs consent in South Africa’s mineral rights regime |
| title_full | An analysis of the legal implications of consultation vs consent in South Africa’s mineral rights regime |
| title_fullStr | An analysis of the legal implications of consultation vs consent in South Africa’s mineral rights regime |
| title_full_unstemmed | An analysis of the legal implications of consultation vs consent in South Africa’s mineral rights regime |
| title_short | An analysis of the legal implications of consultation vs consent in South Africa’s mineral rights regime |
| title_sort | analysis of the legal implications of consultation vs consent in south africa s mineral rights regime |
| topic | UCTD |
| url | http://hdl.handle.net/2263/82508 |