The Constitutional Court ruled yesterday that a platinum miner that has a deal with a tribal chief could not evict a group of black farmers, in a decision a Polity report suggests could curtail the power of traditional leaders. At issue 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.

The farmers argued that they were the rightful owners of the farm and needed to be consulted before mining took place. The court agreed, ruling that having a mining right does not surpass the rights of those who occupy the land as it set aside the eviction order obtained by PPM and Itireleng Bakgatla Mineral Resources (IBMR) against 13 families living on the farm Wilgespruit in North West.

The court held that the holder of a mining right must exhaust all procedures in the Mineral and Petroleum Resources Development Act (MPRDA) before resorting to an interdict to restrain interference with its mining activities, notes a TimesLIVE report.

IBMR and PPM applied for and obtained an order in the North West High Court last year evicting the 37 members of the community from the farm and interdicted them from accessing the property. The High Court then refused the application by the Lesetlheng community for leave to appeal.

But the Constitutional Court decided otherwise.

In a unanimous judgment‚ Acting Justice Xola Petse said it was settled law that all other satisfactory remedies must be exhausted before an interdict can be applied for. He said section 54 of the MPRDA provided for a speedy mechanism to resolve disputes between landowners or lawful occupiers and mining rights holders when the landowner prevented a right holder from mining.

‘ … the fact that the respondents’ mining rights are valid….does not mean that the applicants are … occupying the land in question unlawfully. The existence of a mineral right does not itself extinguish the rights of a landowner or any other occupier of the land in question.’

Full TimesLIVE report

Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Limited and Another

Full Polity report