- Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others (CCT 39/10) [2010] ZACC 260.26 MB
This case turns on the lawfulness of the grant to a company of a prospecting right on the land of another. This deceptively simple statement of the ultimate legal issue at stake, though true, hides more than it reveals.
First, it explains little of the invasive nature of a prospecting right on the ordinary use and enjoyment of the property by its owners.
Second, it says nothing about the profoundly unequal impact our legal history of control of and access to the richness and diversity of this country‘s mineral resources has had on the allocation and distribution of wealth and economic power.
Lastly, it does little to illuminate the effect of past racial discrimination on the ownership of land.
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