DMR WELCOMES THE CONSTITUTIONAL COURT JUDGEMENT ON BENGWENYAMA COURT CASE
"The Department of Mineral Resources (DMR) welcomes the Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others judgment in which the Constitutional Court has now provided guidance on certain key principles which are currently the subject of legislative amendments in the Mineral and Petroleum Resources Development Act (MPRDA).
The judgment is delivered as the Department is in the process of introducing amendments to the said act. One of the key areas currently the subject of legal scrutiny, is the consultation process with landowners, lawful occupiers and communities. The Constitutional Court has pronounced on aspects of the consultation process which requires improvement to ensure that landowners and communities are treated in accordance with the fairness requirements of The Promotion of Administrative Justice Act.
In its judgment, the Constitutional Court also finally provided clarity on the availability of internal remedies to aggrieved parties. Whilst certain previous judgments held that no internal appeal was available to such parties, the Constitutional Court held that an internal appeal was indeed available to these applicants.
As has been stated previously, the MPRDA is relatively new legislation, the provisions of which often require interpretation by the Courts. The Department is therefore pleased that the Constitutional Court has now pronounced on key aspects of the MPRDA which always required proper deliberation and interpretation.
Therefore, in considering its further administrative conduct and envisaged legislative amendments in relation to those aspects highlighted in the judgment, the Department is currently taking legal advice from its legal representatives.
'The judgment is a very positive one for the DMR and could have not come at a better time as we are looking towards the amendment of the MPRDA and as we have said consistently, the issue of consultation presents the department with serious challenges in its implementation of its mandate. The highest court in the land has given us direction and we welcome it', said Advocate Sandile Nogxina, Director General of the DMR.
For further enquiries contact Zingaphi Jakuja on 082 766 3940
Issued by
The Department of Mineral Resources, Pretoria"
Stagman
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