The Right of Access to Land VIS-À-VIS the Right to Mine: The Discussion on the Lessons Drawn from the Case of Maledu and Others v Itireleng Bakgatla Mineral Resources (Pty) Ltd and Another 2019 (1) BCLR 53 (CC)

Abstract

Land remains a contentious issue in South African history to date. It provides people with hope and various opportunities. This paper discusses the right of access to land and the right to mine. The paper discusses at length the requirements set at law and considered significant for compliance to attain these rights. Four dominant issues emerge from the discussion namely land, mining rights, consultation and consent as well as deprivation as pillars adjoined to critique the fundamental legal requirements needed to access land and to mine it. Mining companies compete for access to the country’s mineral lands and petroleum resources to exploit them relentlessly. Whilst South Africa has been installed as the conduit of the nation’s mineral and petroleum resources, the need to enforce compliance with the requirements set a national law is critical to avoid illegal mining and unlawful deprivation of land for mining purposes. This is because most of the land in South Africa is communal or belong to private owners, concentrated with the mineral wealth. Legislation such as the Interim Protection of Informal Land Rights Act 31 of 1996(IPILRA) and the Minerals and Petroleum Resources Development Act 28 of 2002(MPRDA), as amended, are triggered for this discussion.

Received: 22 August 2022 / Accepted: 30 October 2022 / Published: 5 November 2022