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The Intersection of Customary Law and Environmental Protection

It shouldn’t be possible for the state to criminally prosecute a person for exercising their legal rights. This was, however, exactly what happened to Mr Gongqose and other members of the Dwesa-Cwebe community after they were...more

Access Denied: No Mining Permitted Without Prior Consultation

In South Africa land ownership is separate from the right to mine minerals found in the land. The mining right holder is, however, given the right to enter land that it doesn't own to conduct mining operations....more

Removing the court's power to decide for the minister of mineral resources

Public officials' decisions aren't always flawless when applying the Mineral and Petroleum Resources Development Act, No 28 of 2002 (MPRDA), and there are often situations where the Minister of Mineral Resources makes an...more

A constitutional endorsement for direct democracy in customary law

In the Royal Bafokeng Nation "a king is a king by virtue of the people" (kgosi ke kgosi ka morafe). This was endorsed by the South African High Court in a decision extending the principle of direct democracy in the Royal...more

MPRDA compliance: is it required?

In South Africa, only one person can hold a valid prospecting or mining right for a particular mineral on land in terms of the governing Mineral and Petroleum Resources Development Act, No 28 of 2002 (MPRDA)....more

The future of Bitcoin (regulation) in Africa

The launch of the first Bitcoin future for trade in the United States of America during December 2017 has brought significant public attention to both the Bitcoin crypto currency, and the underlying bitcoin network...more

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