Flyboy, I hold balilow in high regard, he doesn't post that often but the information contained in his posts is usually on the money and all I can say is that I will be surprised if the plan of action as he outlined doesn't come from very reliable sources. Time will tell just how accurate the information is.
Ralph, it's my understanding that Section 96 of the MPRDA provides that ANY PERSON who is aggrieved by an administrative decision taken under the Act may appeal to the Minister of Mineral Resources and that was what the court challenge was all about; the right to appeal the decision. It was never part of the legal process or the duty of the courts to adjudicate on whether the appellants were the parties properly vested with the responsibility of representing the communities. The key part of the constitutional court decision was that it directed the matter back to the DMR for review and, even though the communities have special rights under the MPRDA, it was reported that the case was not decided on in terms of the provisions of this legislation, but in fact it was decided in favour of the local community on the basis of protecting landowners' property rights.
Stagman
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Flyboy, I hold balilow in high regard, he doesn't post that...
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