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Impact of traditional governance law's on communities rights to participate in mineral approval processes
Mini Dissertation (LLM (Extractive Industry Law in Africa))--University of Pretoria, 2022.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613439902351360 |
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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 | © 2022 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 (Extractive Industry Law in Africa))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/89937 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:10.076Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| 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:2263/89937 Impact of traditional governance law's on communities rights to participate in mineral approval processes Gerber, Leonardus J. mashudumasutha@yahoo.com Masutha, Mashudu UCTD Traditional governance Traditional Khoi-San Leadership Act Mineral approvals Meaningful engagement Ubuntu Customary law Mini Dissertation (LLM (Extractive Industry Law in Africa))--University of Pretoria, 2022. The growth of mining situated in traditional communities, and the traditional governance laws has left those most affected by mineral operations behind. This paper illustrates that the mining laws and customary land rights in South Africa provide the right to meaningful engagement and consent in mineral approval processes to local communities. However, as this research explains, the ability for local communities to exercise these rights is limited given the enactment of the Traditional Leadership Khoi- San Act which enables traditional leadership structures to unilaterally consent on the local communities behalf. The research analyses the implication of this by focusing on the Amadiba people (Umgungundlovu mining community in Xolobeni in particular) in the Eastern Cape as case a study. This case study involves the local community against a proposal for open cast mining on their land and withholding consent under customary law, while traditional leaders in support of the application thereby providing consent under traditional governance laws. The analysis showcases the key determinants within traditional authorities when local community are exercising participation rights, and the fundamental role of customary law. This research explores the relationship between traditional governance legal frameworks and customary law through examining the jurisprudence and the subsequent codification of customary laws. The findings reveal the emphasis of democratisation of traditional governance and Ubuntu as foundational principles of customary law. This interpretation empowers local communities to participation rights even where traditional governance laws depart or limits this empowerment. This research demonstrates a misalignment between traditional governance laws and customary laws has far-reaching implications for the local communities to participate in mineral approvals processes, and the broader operability of the mineral licensing. Public Law LLM (Extractive Industry Law in Africa) Unrestricted 2023-03-02T12:24:05Z 2023-03-02T12:24:05Z 2023 2022 Mini Dissertation * A2023 https://repository.up.ac.za/handle/2263/89937 en © 2022 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 Traditional governance Traditional Khoi-San Leadership Act Mineral approvals Meaningful engagement Ubuntu Customary law Impact of traditional governance law's on communities rights to participate in mineral approval processes |
| title | Impact of traditional governance law's on communities rights to participate in mineral approval processes |
| title_full | Impact of traditional governance law's on communities rights to participate in mineral approval processes |
| title_fullStr | Impact of traditional governance law's on communities rights to participate in mineral approval processes |
| title_full_unstemmed | Impact of traditional governance law's on communities rights to participate in mineral approval processes |
| title_short | Impact of traditional governance law's on communities rights to participate in mineral approval processes |
| title_sort | impact of traditional governance law s on communities rights to participate in mineral approval processes |
| topic | UCTD Traditional governance Traditional Khoi-San Leadership Act Mineral approvals Meaningful engagement Ubuntu Customary law |
| url | https://repository.up.ac.za/handle/2263/89937 |