High Court rules in favour of Eastern Cape community in historic mining rights case

Xolobeni village near Mbizana. (File, Leon Sadiki, City Press)
Xolobeni village near Mbizana. (File, Leon Sadiki, City Press)

The minister of mineral resources will have to obtain full and formal consent from the Xolobeni community prior to granting mining rights, the North Gauteng High Court ordered on Thursday.

The Amadiba Crisis Committee launched a court battle against the Department of Mineral Resources and Australian company Transworld Energy and Mineral Resources (TEM) over mining rights earlier this year.

READ: Mantashe meets with Xolobeni anti-mining activists

TEM, which is the fifth respondent in the matter, had filed an application for rights to mine the titanium-rich sands at the Umgungundlovu area of Xolobeni on the Wild Coast. 

In her judgment, Judge Annali Basson declared that the mineral resources minister must obtain consent from the community, as the holder of rights on land, prior to granting any mining right to TEM.

In her conclusion, she stated that while the informal rights of customary communities were previously not protected by law, they now had the right to decide what happens with their land. 

"As such they may not be deprived of their land without their consent," said Basson in her judgment.

KEEP UPDATED on the latest news by subscribing to our FREE newsletter.

- FOLLOW News24 on Twitter

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Lockdown For
DAYS
HRS
MINS
Voting Booth
When assisting your child with remote learning this year, did you:
Please select an option Oops! Something went wrong, please try again later.
Results
Follow the school's comprehensive sexuality education (CSE) curriculum?
13% - 324 votes
Adjust the CSE curriculum to suit the family's morals?
24% - 569 votes
Ignore the schools CSE programme and do your own teaching?
63% - 1511 votes
Vote
ZAR/USD
15.36
(-0.79)
ZAR/GBP
20.51
(-0.29)
ZAR/EUR
18.57
(-0.96)
ZAR/AUD
11.35
(-0.96)
ZAR/JPY
0.15
(-0.59)
Gold
1828.36
(+1.01)
Silver
23.99
(+0.88)
Platinum
1010.00
(+1.71)
Brent Crude
47.23
(-0.96)
Palladium
2400.50
(+0.21)
All Share
58281.98
(+1.34)
Top 40
53482.74
(+1.36)
Financial 15
11306.98
(+0.61)
Industrial 25
79065.38
(-0.00)
Resource 10
55472.68
(+3.57)
All JSE data delayed by at least 15 minutes morningstar logo