Indigenous Peoples’ Rights to Minerals and the Mining Industry: Current Developments in South Africa from a National and International Perspective

Abstract

The recognition and protection of the customary law rights of indigenous occupiers of land have achieved great importance in recent years, and can significantly affect development projects envisaged for the land. There is a distinct difference between the recognition of customary law title in countries where the indigenous population constitutes a small minority within the total population and in countries (particularly African countries) where it constitutes a vast majority. In post-colonial Africa the focus is not so much on the recognition of customary law title as it is on providing access to land and natural resources to local (mostly black) people, as distinct from the immigrant population (mostly white people). Indigenous customary law rights over land can co-exist with civil law rights over the same land, and need not vest in the same persons. Developers of projects on such land will have to accommodate both customary law and civil law title holders over the land.