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Dear all,

Today the High Court handed down a landmark decision in the ongoing dispute
between the Xolobeni Community and an Australian mining company, Transworld
Energy. The community has been fighting to protect their land for over a
decade. In 2016, Sikhosiphi Bazooka Rhadebe, a rights defender and a leader
of the Amadiba Crisis Committee which has led the resistance to mining, was
murdered outside his home.

The Court found that the community has the right to decide what to do with
their land and that the Minister of Mineral Affairs must obtain their
consent prior to granting mining rights.

This is a fascinating, important judgment that examines the relationship
between mining law and customary law, formal and informal land rights and
the competing interests of communities and private entities.

For those interested, see a copy of the judgment attached.

Warm regards,

Dina

-- 
Dr Dina Lupin Townsend

Post-doctoral Researcher
Department of European and International Public Law

Tilburg Law School

Tilburg University

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