This is what Section 104 of the law says:
"(1) Any community who wishes to obtain the preferent right to prospect or mine in respect of any mineral and land which is registered or to be registered in the name of the community concerned, must lodge such application to the Minister."
The only bit that worries me here with regards to Eerstegeluk is the to be registered.
This is also from the court ruling of Nov 2008:
"It is common cause that the community has been entitled to occupation of Nooitverwacht for more than a century. As for Eerstegeluk it was still, in terms of a Government Notice No. R 9 of the then Lebowa Government, defined to fall within the area of jurisdiction Roka-Pasha Phokwane Local
Government. There was however a recommendation that it was to be restored to the Bengwenyama-ye-Maswati community."
What happened to this recommendation? Does this mean that Eerstegeluk is to be registered to Bengwenyama-ye-Maswati? So even though it is currently with Roka-Pasha Phokwane Local Government, that does not mean anything?
I have to say, it is all very, very confusing.
Ralph
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