14 Jan 2019
by Custom Contested
On 10 January, the NCOP convened a “special sitting” and passed the Traditional and Khoi-San Leadership Bill (TKLB) along with two other Bills. Eight provinces voted in the affirmative, while the Western Cape was the only province that voted against […]
12 Dec 2018
by Monica de Souza Louw
The recognition of traditional communities in the Traditional and Khoi-San Leadership Bill comes with baggage. The “traditional communities” recognised in the TKLB are those previously called “tribes” under colonialism and apartheid. Tribal authorities were established for them in terms of […]
10 Dec 2018
by Dr. Aninka Claassens
The response by Minerals Minister Gwede Mantashe to two recent judgments about mining and the land rights of people living in the former homelands has been instructive.
05 Nov 2018
by Dr. Aninka Claassens
The Constitutional Court ruled unanimously last week that mining and the Minerals and Petroleum Resources Development Act (MPRDA) cannot trump the constitutional rights of the 17-million South Africans living in former homeland areas.
04 Sep 2018
A wave of legislation currently before Parliament seeks to build on the foundations of other interconnected post-apartheid laws and give a veneer of legality to a host of precarious deals cutting politically connected business and traditional leaders into South Africa’s […]
11 Jun 2018
by Zenande Booi
While the nation debates the amendment of the Constitution to provide explicitly for expropriation without compensation, the Constitutional Court is preparing to rule on the rights of poor black communities in mineral-rich former homelands who are routinely dispossessed without consultation, […]
02 May 2018
by Ayesha Motala
Land expropriation without compensation has already galvanised much public debate and contestation among leadership from all sectors, but what does this mean for people living in rural areas?
09 Apr 2018
by Aninka Claassens
At a time when debate about land reform and property rights is raging throughout South Africa, Parliament appears to have shelved the detailed report and recommendations of the High Level Panel (HLP) headed by former president Kgalema Motlanthe.
23 Nov 2017
by Rehana Rossouw
Residents of mining areas testified at the high-level panel on assessment of key legislation and acceleration of fundamental change about the acute disruptions caused in their lives and livelihoods by mining and their concerns are dealt with in several recommended […]
20 Jul 2016
by Joanna Pickering
A wealthy commercial farm owner is approached by a mining company that has been licensed by the state to mine on his land. The company approaches the farm owner to negotiate a surface lease. The farm owner employs a legal team, […]