29 Apr 2019
by Peter Delius
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Why the ANC is bent on conferring colonial and apartheid-era rights on rural chiefs

Several bills before Parliament will entrench the colonial and apartheid-era powers given to often-illegitimate traditional leaders to exert absolute sway over their ‘subjects’. This includes control over land distribution and mining rights. It is the mining rights, in particular, that […]

05 Nov 2018
by Dr. Aninka Claassens
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Maledu judgment victory for the Constitution over mining evictions

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
by LARC
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Mining Magnates and Traditional Leaders: The Role of Law in Elevating Elite Interests and Deepening Exclusion 2002-2018

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 […]

26 Mar 2018
by Marianne Merten
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Parliament: Opt-Out, Traditional Courts Bill supporters’ most hated clause

In Parliament’s justice committee a push is under way to nix the Traditional Courts Bill’s opt-out clause that was drafted following extensive consultation to ensure South Africa’s 18-million rural residents do not forfeit constitutional rights. Why is this important? It […]