mcfi
I would be careful to dismiss the importance and what can be learned by the decision
You can also argue that the judges decision (remember they were mostly foreign) and the structure of the constitution and High Court in itself is somewhat colonial, and this often does not parry well with tribal structures on the ground (imho). Thus it is very easy to blame the country and the landowners for this mess, and not look at the manipulation of interested parties, historical and colonial influence, and to ignore the validity of tribal structure.
Unfortunately and imo, and as I stated at the time, the judges decision has not been helpful for the majority or primary landowners of these tenements or the country as a whole. Personally overturning the decision on appeal was something I feel very uncomfortable with, as 'law' is there to read what is best and to evolve not just find historical positions to end up with a result that could arguable financially enslave.
Unfortunately like democracy, these colonial systems are probably the least worst solutions to creating structure in countries like this. So what can we do.... well we can pioneer and try to navigate through the systematic and tribal challenges like RM did, the best you can.
In this case what djm is saying is correct, in siding with the 'few' the judges have basically set in motion a very difficult set of circumstances that need to be solved for things to move forward. The only people who are rewarded by these set of circumstances are the lawyers themselves (funny that), and of course those with deep pockets, those who can be bribed, and any individual or group of landowners who feels aggrieved.
I am struggling to see how anything on the ground can be achieved with total tribal agreement (think of a parliament where every MP has to agree ... hence the delicate political position everyone has found themselves in. SMM have left because they see very little 'will' left, and this is after throwing everything they can at it.. but RM believes that 'will' can be found and is sticking at it.
Why write this... because it is important to understand that despite the wages and finance argument, RM has tried to find a solution. I would propose the government would like to move forward, but note with the unlimited potential for disagreement now feasible due to the legal decision, deep pockets may come to the forefront again.
However, the change of GOVT may help in bringing will and momentum, but either way not easy and one that I find full of sorrow for locals.
This is no way validates or comments on wages, mining skillsets which are often debated here
Gus
