Why the TKLA remains a fundamental threat to land rights

LARC On 9 November 2018, LARC’s former Director, Aninka Claassens, wrote a letter to Parliament’s Select Committee on Cooperative Governance and Traditional Affairs to explain why the Traditional and Khoi-San Leadership Bill undermined land rights even after last minute amendments made during the parliamentary process.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/why-the-tkla-remains-a-fundamental-threat-to-land-rights/

Coal mine’s bid for KZN land puts compensation criteria to test

Ramabina Mahapa The people of Mpukunyoni in KwaZulu-Natal are the latest in a growing list of rural South African communities whose land rights are under siege as a mining company seeks to remove them from their homes.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/coal-mines-bid-for-kzn-land-puts-compensation-criteria-to-test/

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.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/maledu-judgment-victory-for-the-constitution-over-mining-evictions/

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 mining industry, Dr Aninka Claassens argues in a paper published by the Mapungubwe Institute for …

Continue reading

Permanent link to this article: https://www.customcontested.co.za/mining-magnates-and-traditional-leaders-the-role-of-law-in-elevating-elite-interests-and-deepening-exclusion-2002-2018/

Dispossession without compensation the legacy for poor rural communities

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, compensation or even formal expropriation.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/dispossession-without-compensation-the-legacy-for-poor-rural-communities/

Custom Contested