Mining must take place with a strong focus on the interests of those who live in mining areas, says Mineral Resources Minister Gwede Manthashe, a standpoint that supports the notion that a mining right and a land right can co-exist, without pleasing one party at the expense of the other. But the Xolobeni judgment turns this around, says legal firm Bowmans, rendering it out of sync with the Constitutional Court’s Maledu judgement on the co-existence potential of both rights.
