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Article

30 Oct 2018

Author:
Ed Stoddard, Reuters

So. Africa: Constitutional Court rules that agreement between mining company and tribal chief is not sufficient to evict local community

"South Africa's top court ruling curtails power of chiefs to cut mining deals", 25 October 2018.

South Africa’s top court ruled on Thursday that a platinum miner that has a deal with a tribal chief could not evict a group of black farmers, in a decision that could curtail the power of traditional leaders whose deals often disadvantage poor blacks... At issue in the case before the Constitutional Court was a deal agreed with the council of the Bakgatla tribe to allow Pilanesberg Platinum Mines (PPM), a unit of unlisted Sedibelo Platinum Mines, to evict farmers to expand its open-pit mine...

In previous court filings, PPM and a partner company formed by the tribal council took the position that the Bakgatla community controls the farm and adjoining properties communally, with the chief as custodian. 

The court ruled that such an arrangement ran rough shod over the rights of the applicants, comprised of 13 families whose ancestors bought the farm over a century ago but could not get title deeds to it because of racist laws at the time...

Through a spokesman, the company said: “Sedibelo Platinum Mines is studying the judgment and will advise pursuant actions as and when appropriate.”

Lawyers and land policy experts say the implications are far reaching and could raise questions about other mining deals signed between companies and tribal chiefs, which have stoked social strife and conflict...

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