The Gauteng High Court ruled today that the Department of Mineral Resources must obtain “full and formal” consent from the Xolobeni community before granting mining rights.
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.
Associate at Richard Spoor Attorneys Johan Lorenzen says there needs to be full and formal consent by the directly affected people of Xolobeni community before mining can be done.
Often Mining companies and the Department of Mineral Resources come and consult few people in the community, which is not good enough. There needs to be full disclosure on what the impact is going to be on the directly affected people.— Johan Lorenzen - Associate at Richard Spoor Attorneys
Judge Basson ordered that the Minister of Mineral Resources lacked lawful authority to grant a mining right to TEM and that he is obliged to obtain a full and informed consent from the community, as the holder of the land, prior to granting any mining right to the company.
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