14/11/2024
LAND, MINING and LAW
The ABORIGINAL INDEGENOUS PEOPLE ' s Fundamental Land Rights and their Land Birth Rights are being violated all the time by Government (Depart of Mineral Resources and Energy) Municipalities,Traditional leadership, and Mining Companies.
Land Access is enshrined in Chapter 2 of the South African Constitution..."The Bill of Rights" Section 25 of Property Rights : = No one maybe DEPRIVED of Property and NO LAW may permit Arbitrary Deprivation of property.
We also know that the Human Dignity of our communities are both a Constitutional Value and a Fundamental Right. We know that our rights are being violeted and continued to be violated as long as members of our community do not have access and owenrship to their land. It is beyond any reasonable comprehension why our interests are completely discarded.
In this respect we record the absolute failure of the department to uphold any of standards imposed on the public administration as provided for in section 195 of the Constitution and the subsequent demise of our access to our Land Rights.
EXPROPRIATION BILL (B23B-2020)
As South Africans we have pieces of Legislation that governs our properties. Gov Disposession of Land Property Rights has started since 1494(Bartholomew Diaz) 1652(Jan Van Reebieck) 1870(SLAVERY & RACISM) 1913(White Apartheid Gov)and 1994(Corrupt ANC Gov) Disposessed Africans where never schooled about their Laws. Just to mention a few.
1. The Interim Protection of Informal Land Right Act (IPILRA)
2.Customery LAW
3. Common LAW
4. TRANCRAA
5. FPIC (By the World Bank 01.11.2017)
6.International LAWS (Roman Dutch Laws) that exclude Indeginous
African Origin People of our Country.
7. UN International Law that includes all Aboriginal Indegenous People of the WORLD are also ignored by the South African Gov.
8.United Nations Declaration (UNDROP)
Our Customery and Common LAWS are being ignored,disregarded and disrespected by both Government Officials and Mining Companies in the name of "DEVELOPMENTS" that doesn't benefits both black Urban and Rural Communities at all.
Over 30 years Section 25 of the South African Constitution has been violated by Government Officials, Traditional Leaders, Municipalities and Mining Companies. Land Reform has never happened in SA. In most instances Violence & Force are used to silence Communities.They are overriding Black Urban and Rural Communities their Land Rights.
Apartheid ACTS that are still very oppressive and governs Black Urban and Rural Communities.
(a).The 1927 Native Land Act
(b).The 1952 Bantu Laws Amendment Act.
This two oppressive Laws are still used by the ANC Gov and Mining Companies because they are the ones who are benefiting from this laws and taking advantage of those who never studied law and thinking that they won't know because we are a nation that's labelled as lazy to read and understand.
PROPERTY clauses serves as the foundation, Administrantive and Judicial Expropriations.
It doesn't address government 's responsibility of solving problems of Labour Tenants that are occupying other disposessed properties of other Communities that has their properties back through RESTITUTION.
Government and Mining Companies are allowed to steal other Communities Properties..?
RIGHT TO INFORMATION... For 30 years our people were never informed with decision taken by Government Officials, Municipalities Traditional Leaders and Mining Companies without their Knowledge, Consent and Agreement.
NB... CONSULTATION does not mean AGREEMENT. Communities are usually MISLED by Gov officials and Mining Companies by the word "Consultation"
Mining in South Africa are only for POLITICAL and CAPITALIST gains.
Premiers,Ministers and MEC's just do as they please and don't even care how Poor and Vulnerable Communities live their lives. The ELITES still disposess Communities of their HEALTH and PROPERTY(LAND) RIGHTS.
LAND
PUBLIC PROPERTIES including LAND are being Expropriated and sold Privately. There was no public participation Consultation and it doesn't mean agreement when parliament enforced and take the Land Right away from the people of SA.
We can't speak about LAND without the 5 aspects that makes LAND WHOLLY and its TOTALLITY Wich is :
1.Land Rights, 2.Mineral Rights, 3.Water Rights, 4.Forestry and 5.Fisheries where taken away without public participation and agreement from the people of SA
When South Africans were hiding in exiles they never claimed other people's Land as foreigners do as they please now lately in South Africa eg Krugersdorp/Kagiso and claim South African land when they have their countries of origin.
It clearly shows how our Communities are being disrespected and their rights being trampled upon only because they are taken for a ride by those with MONEY , GUNS and POWER.
Part 1.
