Baleni and Others v Minister of Mineral Resources and Others (73768/2016)
Baleni and Others v Minister of Mineral Resources and Others (73768/2016) [2018] ZAGPPHC 829; [2019] 1 All SA 358 (GP); 2019 (2) SA 453 (GP) (22 November 2018)
The court held that the applicants and the Umgungundlovu community are holders of informal rights in land under IPILRA and customary law, protected by the Constitution. The grant of a mining right over their land constitutes a deprivation of those rights, triggering the consent requirement in section 2(1) of IPILRA. The MPRDA's consultation requirement does not override the need for full and informed consent under IPILRA; both statutes must be read together, with IPILRA providing special protection to customary communities. The Minister of Mineral Resources is obliged to obtain the community'…
Source excerpt
- Informal Land Rights
- Mining Rights
- Customary Law
- Consultation Vs Consent
- Interim Protection Of Informal Land Rights Act
- Mineral And Petroleum Resources Development Act