Can a community say no to a mine?
In South Africa, a High Court has held that mining rights on communal land cannot be granted without the affected community’s full and informed consent. Namibia’s minerals law contains no such express rule.
This comparison of the two countries examines state custodianship, the landmark cases of Alexkor, Agri SA and Baleni, environmental protection and community rights, and asks what each can learn from the other.
Read the full article from The Law Suite.
Prepared by Ifeoma Ben and Emeka Lawrence Okwuokie, with contribution from Balungile Simphiwe Masondo.