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Law protecting interests of South African communities in mining deals falls short


The impact of mining operations on rural communities is a contentious issue in South Africa. There is also concern about the manner in which communities are consulted about mining on their land.
There is often tension between pursuing the economic benefits of mining, and protecting the socioeconomic and cultural rights of people. Some communities rely on the land to sustain themselves through agriculture, and for some their cultural identity is tied to the land.
South Africa has laws to safeguard the interests of communities in their dealings with mining companies. The Interim Protection of Informal Land Rights Act of 1996 requires that communities provide “consent” before mining operations can start. The Mineral and Petroleum Resources Development Act of 2002 stipulates that there must be “meaningful consultation” between mining companies and communities. ....

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Traditional Courts Bill: How to entrench inequality and...


The Traditional Courts Bill is in its final stages of enactment. Despite 18 years of heroic challenge by the people who stand most to be affected by its implementation, this deeply flawed legislation appears to be a done deal approval by the National Assembly is imminent and a vote in the Justice Portfolio Committee scheduled for next month looks set to have the full support of ANC members of Parliament.
Previously, determined resistance by rural women and civil society groups led to a stalemate over the bill in the National Council of Provinces. In 2014, it secured a dubious place in history when it became the only bill to have been blocked by a majority of provinces despite sustained pressure from central government. Caution over the bill arose after an ANC minister and a former ANC secretary-general, both women, spoke out against it – then Minister of Women Lulu Xingwana, who lost her job thereafter, and Cheryl Carolus. ....

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