Court Victory for South African Communities Affected by Mining

Judge Nana Makhubele has ruled that the Mineral Resources and Petroleum Development Act (MPRDA) entitled the Umgungundlovu community - located in Xolobeni in the Eastern Cape - to information contained in a mining right application submitted by mining company Transworld Energy and Mineral Resources (TEM). In 2015, TEM lodged an MPRDA application to mine titanium in the Umgungundlovu area. This judgment is a significant victory for the Umgungundlovu community who have successfully brought several court challenges resisting the commencement of mining operations in Xolobeni. The case also sets a precedent for other communities affected by proposed mining operations. It means they must have sufficient information to raise proper objections to why mining activities should not commence and will enable them to hold meaningful consultations on how any mining operations will take place.


The Amadiba Crisis Committee protesting a mining operation in Xolobeni in the Eastern Cape (file photo).

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