The DMR have no review/appeal ability. Thats why Beng took it to the Supreme then High court. Those courts both rules that too much time had passed and didnt really address the community ownership aspect.
The con court then over ruled the lower courts, saying that the 180days hadnt been exceeded because Beng brought it to attention of DMR within said timeframe but were not given appropriate advice regarding appeal process.
The concourt rubber stamped Beng as 'the community' without appeal from Genorah/RP.
Genorah was ordered to pay court costs for all three cases. Where will they get money for that?
So from DMR perspective, Beng is the only community(at this point). Genorah CANNOT argue to DMR that RP is the community. They must do that through court system.
So, if Beng are the relevant community(even ignoring special rights) then has Genorah consulted Beng to a satisfactory level? NO. The con court said as much.
So they fail on that count.
Then do they represent the communities best interests economically? No. Only 5% goes to them and its the wrong community anyway.
If the Beng gold application, which has been approved managed to benefit the Beng community to the tune of 51% then im sure their platinum venture will have similar ownership. Much better for the community.
How can the Genorah application succeed at DMR level?
Cancelling the 2006 application means we start fresh. So both applications are considered to be filed at same time with preference being given to Beng.
Im not saying Genorah wont win. Just not in this case. They will go to court and battle out Beng V RP. I have no comment on that aspect, but Genorah seem to have strong case.
DMR are too busy sorting out Sishen mining. I doubt they have really started with Genorah/Beng mess.
Add to My Watchlist
What is My Watchlist?