Xolobeni community ‘sad’ at appeal decision
The community of Xolobeni are
unhappy at the decision by Mineral Resources Minister Gwede Mantashe's to
appeal a judgment on their right to say no to mining in the area.
The Amadiba Crisis Committee says the minister has subsequently been banned from visiting the area in the Eastern Cape.
Last month, the Xolobeni community succeeded in their application after Pretoria High Court ruled that - in terms of the interim protection of informal land rights act - Mantashe may not grant mining rights without the consent of the community and the people directly affected by that mining right.
Human rights lawyer Richard Spoor says minister believes that giving communities the right to refuse mining will destroy the sector.
"We totally disagree with this. We make the point that before the enactment of the NPRDA act in 2002 this is exactly how it was, the land owner had the right to say no if a company wanted to exploit the minerals of a person land the person had the right to say yes or no."
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He adds that the community is deeply disappointed at the minister’s decision.
"We think that government should respect community's land rights and should support measures and decision that strengthen the community's control over their land and over the future," Spoor says.
"We appreciate that the matter is of considerable importance. We have no difficulty with the matter being considered by the Supreme Court of Appeal and - if necessary - all the way up to the Constitutional Court. We are very confident in the strength of our case and we will oppose it but we are not going to oppose the right to appeal the decision."
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