Who controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their ...exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important. The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary people. History and customary law feature strongly in most disputes and succession to chieftaincy is also frequently disputed. Judges have to make decisions in a context where rival claimants to property or office assert their own versions of history and custom. The South African constitution recognises customary law and the courts are attempting to incorporate and develop this branch of jurisprudence as 'living customary law'. Lawyers, community leaders and academics are called on to assist in researching cases around restitution, land rights and customary law. The chapters in this collection discuss legal cases and policy directions that have evolved since 1994. Some chapters analyse the increasing power of chiefs in the South African rural areas, while others suggest that the courts are giving support to popular rights over land and supporting local democratic processes. Contributors record significant pushback from groups that reject traditional authority. These political tensions are a central theme of the collection and thus serve as vital case studies in furthering our understanding of rights and restitution in South Africa. Who controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important. The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary people. Judges have to make decisions in a context where rival claimants to property or office assert their own versions of history and custom. The South African constitution recognises customary law and the courts are attempting to incorporate and develop this branch of jurisprudence as 'living customary law'. Lawyers, community leaders and academics are called on to assist in researching cases around restitution, land rights and customary law. The chapters in this collection discuss legal cases and policy directions that have evolved since 1994. Some analyse the increasing power of chiefs in the South African rural areas. Others suggest that the courts are giving support to popular rights over land and supporting local democratic processes. These political tensions are a central theme of the collection.
•The rapid expansion of platinum mining into rural communal land in the former ‘homeland’ areas in South Africa generates intense intra-community struggles.•Local struggles are fought mainly through ...group identities as social markers to exclusive group rights.•There is limited empirical focus on the character of these struggles at village level.•The ethnographic case study of Sefikile village demonstrates that the post-apartheid mineral’s policy reform has failed to grasp the complex character of rural communities on whose land platinum mining expands.•South Africa’s mineral policy cannot adequately address the escalating disputes and grassroots marginalisation at village level.
The rapid expansion of platinum mining into rural communal land in the former ‘homeland’ areas of South Africa has caused intensive intra-community struggles. To date, however, there has been limited empirical focus on the character of these struggles at the village level. In this article, I attempt to narrow this gap by drawing on a detailed ethnographic case study of Sefikile village in the Bakgatla-ba-Kgafela traditional authority area, North West Province. The analysis illustrates how the post-apartheid mineral policy's reform has failed to grasp the complex character of rural communities found on lands where platinum mining has expanded. The findings drawn from Sefikile – a village that hosts one of the oldest platinum mines in South Africa – reveal intense struggles over land, mining revenues and public services. Such struggles are fought mainly through distinct group identities as social markers to exclusive group rights. The current mineral policy is incapable of adequately addressing the escalating disputes and marginalisation at the village level.
Direct control of mineral resource wealth by communities in resource-endowed regions is advocated as a panacea to conflict and fundamental towards attainment of self-determination and local autonomy. ...Based on the study conducted in Royal Bafokeng and Bakgatla Ba Kgafela, the two prominent, platinum-rich traditional communities in South Africa's North West Province, this article reveals that, although mineral wealth in South Africa's platinum-endowed communities such as Royal Bafokeng is reportedly distributed 'in the name of morafe' ('community' in Setswana), inadequate participation produces polarised local priorities and tensions at the grassroots level. Community control of mineral wealth is thus likely to paradoxically generate conflict and exclusion at the traditional community level, particularly in contexts where participation in mineral wealth-engendered community development is championed by traditional leaders through customary-derived spaces of local engagement.
•Policy has sought to improve mining labour rights and developmental contribution.•Labour intensive PGM mining business models have proven unsustainable.•Industry leaders expect mechanisation to ...restore legitimacy and profitability.•However, mechanisation may generate new tensions and community conflict.•Mine-community mediation by tribal authorities has proven dysfunctional.
Drawing on a detailed study of three village-level disputes in the Bakgatla-ba-Kgafela traditional authority area, this article explores how intensifying land struggles on the platinum belt around ...Rustenburg are being mediated through conflicts over group boundaries and identities, and how this in turn is articulating a potentially new yet contradictory rural class politics. In a context where chiefly authorities are themselves becoming major shareholders in local mining operations, the burning question is whether the 'tribe' should be treated as the only legitimate African land-holding unit, or whether the collective ownership of mineralised land should reside in smaller socio-political groups, typically claiming decent from its original buyers. The article finds that while contested constructions of rural 'community' are emerging as a significant means of defending or advancing popular claims over landed resources, these corporate forms of organisation are simultaneously riven by gender, generational and other social divisions, and are prone to replicating the tribalist logics they seek to challenge. The attempt to establish private property rights through more exclusionary group definitions may therefore also act as an equally divisive force against those labelled 'outsiders', not least migrant mineworkers.
South Africa's 'Platinum Highway' (Generally referred to as 'the platinum belt'.) - 'a 150 km continuation of platinum group metals (PGM)-bearing reefs' Havenstein, R. (2004). "The Platinum Highway - ...Where Does It Lead?" Accessed May 10, 2011. http://web.up.ac.za/sitefiles/file/EBIT-Innovate/The_Platinum_Highway-where_does_it.pdf, 1 - has ushered in a new era of considerable accumulation of mineral revenues by a few traditional authorities on whose communal lands platinum ore is extracted. The Royal Bafokeng community in the North West province stands as an epitome of this phenomenon. However, not much is known about the relationships at local governance level, particularly the interface of mineral wealth and community development. Adopting the Bafokeng community as an empirical case in this article, I argue that, despite some observed benefits, vast mineral wealth is likely to deepen tensions between local power holders within the sphere of rural local governance, thus paradoxically hampering development, particularly in a context where traditional authorities are the architects and champions of resource-engendered community development.
Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the expansion of platinum mining on communal land is generating ...resistance to a local chief. The point at issue is the chief’s refusal to account for the mining revenues and business transactions that his traditional authority manages on the community’s behalf. The article argues that the North West High Court’s interpretation of customary law not only leaves the chief’s unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.
Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the expansion of platinum mining on communal land is generating ...resistance to a local chief. The point at issue is the chief’s refusal to account for the mining revenues and business transactions that his traditional authority manages on the community’s behalf. The article argues that the North West High Court’sinterpretation of customary law not only leaves the chief’s unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.
Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the expansion of platinum mining on communal land is generating ...resistance to a local chief. The point at issue is the chief's refusal to account for the mining revenues and business transactions that his traditional authority manages on the community's behalf. The article argues that the North West High Court's interpretation of customary law not only leaves the chief's unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.
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