This dissertation analyses whether the rights of indigenous people are being
recognised, respected and upheld when the state awards prospecting and
mining rights on land owned and lawfully occupied by indigenous people in
South Africa. This analysis is based on the fact that most prospecting and
mining rights in South Africa are awarded on or around communal lands where
rural communities and, in some instances, indigenous people reside.
Through the Constitution, the NEMA, the MPRDA and other environmental
sector-specific legislation examples, it is established that the state tends to
prioritise economic development that alienates indigenous peoples' right to live
in a healthy and safe environment as a result of the on-going mining
operations. A sustainable approach which appreciates the balance between
economic, social and environmental sustainability is proposed as a means and
step towards realisation of South Africa's mineral wealth, the right of
communities to live in a healthy environment and community, as well as prior
consultation when prospecting and mining rights are awarded on communal
lands. The approach of the Bengwenyama-ye-Maswati Constitutional Court
decision pertaining to the rights of local communities and indigenous people
when mining takes place in South Africa is adopted to link the three
sustainability pillars to the realisation of the rights of these local communities. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/12200 |
| Date | January 2014 |
| Creators | Shakung, Modise William |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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