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Baleni and others v Minister – Department of Mineral Resources and others

20 September 2016

This matter pertains to the application by Transworld Energy and Minerals (Pty) Ltd for a mining right in respect land held by the Umgungundlovu community near Xolobeni on the Wild Coast. Members of the Umgungundlovu community have approached the High Court for an order declaring that, inter alia, the Minister of Mineral Resources lacks the authority to grant a mining right in terms of section 23, read with section 22 of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA), on land anywhere in the Republic of South Africa owned or occupied under a right to land held in terms of any tribal, customary or indigenous law or practice of a tribe, as defined by the Interim Protection of Informal Land Rights Act, 1996 (IPILRA), unless the provisions of the IPILRA have been complied with.

The applicants also argue that the Minister of Mineral Resources must obtain their,a dn thier community’s full and informed consent and their community prior to the granting of any mining right to Transworld Energy and Mineral Resources (Pty) Ltd in terms of section 23 read with section 22 of the MPRDA.

The court papers

Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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National Environmental Crimes & Incidents Hotline (24 hours): 0800 205 005

In addition, there are a number of national and provincial hotlines that may be useful.

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