A traditional community is a group of people whose members reside together, observe the same customs and norms, and in most instances are subjects of a traditional leader. More often than not, the members of the community communally own their land, except in case of, for exampe,  State land allocated to the community for its use and enjoyment.

Traditional communities occupy the vast portion of the land where most of the country's mineral resources are found, and many of them are uninformed about their rights and the and how to protect and represent their interests.

In view of the requirements of the Mineral and Petroleum Resources Development Act, 28 of 2002, it is imperative to understand the dynamics of the communities, including governance structure of the traditional communities. It is important to understand how decisions in communities are taken and who has the power to make decisions. A failure to observe the customs and norms of a community may, in certain instances, impact on the legality of a transaction.

Bell Dewar has a specialist team focused on guiding traditional communities through the complex processes governing mineral rights. The team also has extensive knowledge of the mining industry and works with mines and traditional communities to provide a win-win outcome for all parties. We have acted for communities and mining houses in settling disputes and transactions; and have proud track record of upholding mineral holders rights.

Contact: Lucas Moalusi