they only have to "legally" represent.. that they represent 'their' community?...I think.
.ie in a legal sense prove..in court or via the acts and there must be a tribal authority act fom reading this ..
and thats pretty hard to understand imo.... from the Bapo Ba Mogale case..The best I have read in this saga,by far.
http://www.saflii.org/za/cases/ZAGPPHC/2010/72.html
"40. Bapo Ba Mogale Tribe was recognized by the then President in 1968. I referred to this earlier in paragraph 23.1 of this judgment. Subsequent to the recognition, Bapo Ba Mogale Tribal Authority (the applicant) was constituted in 1978. I dealt with this in paragraph 23.2 above. The 2005 Act contains a saving provision, that is, all tribal authorities established in terms of the 1978 Act shall continue until such time that it is substituted by the newly reconstituted traditional councils contemplated in section 3 of 2003 Act, and section 6 of 2005 Act. At the risk of repeating myself, in terms of subsection (2) (a) of section 43, any notice defining an area of residence of a recognized traditional community which was issued under a law repealed in terms of section 36 shall be deemed to have been issued in terms of the 2005 Act and the Premier may redefine an area contemplated in paragraph (a). But even most importantly, in terms of subsection(l), all tribal authorities established in terms of the 1978 act, shall continue until such that it is substituted by a newly reconstituted traditional council contemplated in section 6."continues
No wonder the consultation process is a wee bit difficult to define whos in charge etc...I really dont think the blokes, chiefs, signatories etc would be keeping up with all this...how could they know all this??
and THEN we consider these maps...ie what the areas are involved in the lack of consultation ruling, denoted by longitude and latitiude that rights were granted for or farm names and I hope theres a clear fence around for me to see...could need an archeologist...or sat nav with longitiudes and latitudes... or is the "majority" word in there to be reasonable?
and then consider the application forms questions...
and courts decision which will lead to the DMR ruling.
I am giving this a break because Im tired and could be talking rapp seeya.Now I know why companies need lawyers.
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