MACUA calls for mining law overhaul after Constitutional Court ruling

By Thapelo Molefe

Mining-affected communities have called on government and Parliament to rethink proposed mining law reforms after a Constitutional Court judgment reaffirmed that communities must be meaningfully consulted before decisions affecting their land and livelihoods are made.

Mining Affected Communities United in Action (MACUA) said the judgment in Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others; Natural Justice and Another v Minister of Mineral Resources and Energy and Others should be a turning point for mining-affected communities across South Africa.

The organisation said the ruling made it clear that communities cannot be treated as obstacles to mineral development, but must be recognised as rights-holders whose participation is central to decisions affecting their land, livelihoods, culture and environment.

The case also rejected the idea that consultation can take place after a decisive mining decision has already been made.

“Government cannot grant first,