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Reflections on the Role of Traditional Authorities in Land Governance in 21st Century South Africa
This working paper by Joel Pearson surveys South African literature on the role of traditional authorities in land governance, analyzing the institution through the lenses of democracy, bureaucracy, and capitalism. It argues against a monolithic view of the chieftaincy, highlighting the diversity of local practices and the ongoing tensions between traditional leaders, rural residents, and the state in the post-apartheid era.
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Document type: Research paper
BENGWENYAMA MINERALS (PTY) LTD v GENORAH RESOURCES (PTY) LTD (FORMERLY TROPICAL PARADISE 427 (PTY) LTD) AND OTHERS (BENGWENYAMA-YE-MASWAZI ROYAL COUNCIL INTERVENING) [2010] 3 ALL SA 577 (SCA)
This case study examines a Supreme Court of Appeal (SCA) judgment regarding competing applications for prospecting rights in Limpopo Province. The court focused on whether internal appeal processes under the Mineral and Petroleum Resources Development Act (MPRDA) must be exhausted before seeking a judicial review under the Promotion of Administrative Justice Act (PAJA).
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Document type: Case study