I found it interesting to read editorial comment that presented...

I found it interesting to read editorial comment that presented an argument that there was a distinct difference between what the Constitutional Court's finding in the recent case meant in reality and how it was actually being perceived.

The focus of attention on the court deciusion was on the implication that the Constitutional Court had reinforced the rights of local communities, in this case the Bengwenyama-Ye-Maswazi community, to participate in seeking preferential prospecting rights over the two farms at the expense of Genorah Resources.

Whilst it goes without saying that "communities" do have special community rights under the existing mining legislation, it has been reported that the case was not decided on in terms of MPRDA provisions, but in fact it was decided in favour of the local community on the basis of landowners' property rights.

With that in mind, today's announcement that Nkwe, Genorah Resources and the relevant communities that represent the two farms "from the subject of the Decision" have submitted applications with the Department of Mineral Resources is important.

The announcement went on to state that the representative bodies of the communities of the two farms "the subject to the Decision" have already formally resolved to provide all necessary support to Nkwe and Genorah Resources and have agreed to lodge whatever documents may be required by the DMR with respect to the rectification of these prospecting rights.

If the community groups vested with the responsibility of representing the landowners' property rights on the Eerstegeluk and Nooitverwacht farms are in fact the Roka-Phasha Tribal Authority, the Bengwenyama Ye-Maswati Royal Council and the Nooitverwacht Community Development Forum then the DMR might be in a position to clear these fresh applications without undue delay.

The confirmation that the landowner title holders on the Eerstegeluk Farm are Roka-Phasha Tribal Authority and the Greater Tubatse Municipality was welcomed as it seems that Nkwe and Genorah are supported, at least in part, by the proper community authority.

Stagman